ON APPEAL FROM THE UPPER TRIBUNAL
(IMMIGRATION AND ASYLUM CHAMBER)
[APPEAL No: AA/01323/2011]
Strand, London, WC2A 2LL
B e f o r e :
| HL (MALAYSIA)
|- and -
SECRETARY OF STATE FOR THE
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The Respondent did not appear and was not represented.
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Lord Justice Longmore:
"Having considered the Appellant's case I conclude that the appellant would choose to live discreetly because that was how he would choose to live.
If he were to have a relationship with a partner, I do not find that the background evidence demonstrates that this would cause him to be at risk of persecution."
"If he fears persecution as a result and that fear is well-founded then he will be entitled to asylum however unreasonable his refusal to resort concealment may be. The fact that the applicant will not be able to do in the country of nationality everything he can openly do in the country where he seeks protection is not the test."
Order: Application granted