The applicant, a Peruvian national who identified as homosexual and was diagnosed with HIV, was refused international protection in Iceland. His cohabiting partner, a Venezuelan national whom he had met in Chile, was a beneficiary of international protection in Iceland.

The Immigration Appeals Board confirmed the Directorate of Immigration’s decision to refuse refugee status. The board highlighted that country-of-origin information indicated that Peru had sufficient legislation in place to prevent discrimination against people who were HIV positive and that HIV medication was available through the public healthcare system. The board also concluded that while there was evidence to suggest that the Peruvian society discriminated against LGBTQ+ persons, individuals had the right to bring legal proceedings for discrimination based on sexual orientation. In this regard, the board emphasised that the applicant had not provided any evidence which suggested that he could not seek police assistance if necessary.

Nonetheless, the board recognised that Peru had not legalised same sex marriage which would make it difficult for the applicant and his partner to establish a normal family life in the applicant’s home state. The board also recognised that it would not be possible for the couple to move to Venezuela. The board therefore granted the applicant protection in Iceland based on Article 45(2) of the Foreign Nationals Act.