Atoo Zubeda v The Department of Immigration and Torture Claims Appeal Board

A Uganda national raised a non-refoulment claim of protection on the basis that if she returns to Uganda, she will be harmed or killed for being a lesbian. Her application is denied.

The Director of Immigration and the Torture Claims Appeal Board have to follow a new guidance in their fact-finding determination of whether gays or lesbians have well-founded fear of persecution in their home countries.

*Leave to apply for judicial review granted.