AN Irish high court has granted a Nigerian migrant the right to apply for political asylum in the country after he successfully appealed an earlier decision arguing that he faced persecution if he returned back home due to his sexual orientation.



Earlier this year, Ireland's Refugee Appeals Tribunal had denied the unnamed 37-year old gay Nigerian the right to asylum. He subsequently took the matter to court, arguing he had been treated unfairly and Mr Justice Anthony Barr agreed with him, ruling that the Refugee Appeals Tribunal failed in its duty to give a reasoned and rational decision.



In his original submission, the Nigerian had claimed that he was beaten and left for dead after a security guard discovered him and another man having sex in a van in Nigeria in 2004. He added that he was attacked again in 2007, when his boyfriend's family found out about their relationship.



After being beaten up, he spent 12 days in hospital and was subsequently given money by a gay friend to escape to Ireland. Once in Ireland, his claim for refugee status was turned down, with the Refugee Appeals Tribunal ruling that despite being a gay man he could have safely relocated within Nigeria.



However, that ruling has now been quashed by the high court, which has found the tribunal ignored evidence in reports about how homosexuals are treated in Nigeria. Mr Justice Barr has sent the case back to the Refugee Appeals Tribunal for further consideration.



On January 7 this year, President Jonathan signed Nigeria's Draconian Same-Sex Marriage Prohibition Bill which penalises homosexuals with 14 years imprisonment, into law. Once the law came into effect, the police swung into action arresting lesbians and gays across Nigeria, while homophobic vigilante groups also stepped up attacks on suspected victims.



International human rights groups condemned the homophobic law, saying it breached tolerance for alternative lifestyles. Navi Pillay, the United Nations high commissioner for human rights added that it not only breaches Nigeria's constitution but also ran contrary to international law.



Ms Pillay said: "I’m concerned with the implication of the recently-passed Same Sex Marriage Prohibition Act. In addition to the violation of fundamental human rights enshrined in the International Covenant on Civil and Political Rights, it is also a violation of the African Charter and the Nigerian constitution itself.



"It may have negative consequences for public health in Nigeria. It may deter lesbian, gay, bi-sexual and trans-gender (LGBT) persons from taking up HIV education, prevention treatment and care services and also hinder the ability of government as well as civil society and religious groups from implementing such services."



Even the pope has tried to intervene to get the government to relent its tough stance, with Pope Benedict I raising the matter in a meeting he had with President Goodluck Jonathan at the Vatican. However, the Nigerian government has argued that the anti-gay act is aimed at discouraging same-sex marriages, which is a reflection of the overwhelming beliefs and cultural values of Nigerians, as a 2013 opinion poll showed that 92% of the population rejected same-sex marriages.



http://www.nigerianwatch.com/news/5448-irish-high-court-grants-gay-nigerian-refugee-the-right-to-apply-for-political-asylum

Homophobic is a gay word!
Don't call Nigerians homophobic.