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Ms Pargeter says this about the seemingly contradictory situation [3.i] whereby the Algerian state might: “display a degree of tolerance in so far as it does not actively seek out and prosecute homosexuals, Algerian society has an overtly hostile attitude towards homosexuality...
…As a result homosexuals face severe social stigma and in many cases their own families disown them as they deem them to have brought shame upon the family as a whole...sign of effeminacy or homosexuality is generally considered a betrayal of these values and codes [physical strength, virility, upholding the honour of the family and tribe]...anyone believed to be homosexual would be considered as an affront to such moral codes [public morality].
She refers to homosexuals’ fear of being a target of homophobic attacks and states that “homosexuals are forced to live an almost underground existence.” She refers to a 5 July 2000 Maghreb report by the Swiss Federal Office of Refugees Maghreb (Algerie, Egypte, Libye, Maroc, Tunisie) homosexualite et prostitution stating: “Homosexuality has always been tolerated in Islamic countries so long as it is practised clandestinely”.12.
She refers specifically to one prosecution in 2010 and does not give any other examples of prosecution.
(This is also referred to in various press reports before us.) She says there are no legal gay or lesbian associations or openly gay venues although there are: “increasing numbers of gay internet and social networking sites in the country and also a number of known gay venues including nightclubs in various cities.
Because the appellant was estranged from his father he did not wish any tracing undertaken and he was not, she said, disadvantaged by the failure of the respondent to make any attempt to trace relatives in Algeria.
However, if we were inclined to find that his mother was alive, then, she submitted, KA may be relevant as there was, she said, a “collision” between section 55 of the Borders, Citizenship and Immigration Act 2009 (duty regarding the welfare of children) and the tracing requirements and it may be that in those circumstances she would seek to make further submissions.4.