In principle the Dutch authorities do not extradite Iranian homosexuals, but nonetheless they refuse to take his case into consideration, because of European rules. So Kazemi is again risking to be put onto a plane to Iran. Following protests, the British government decides to review its earlier rejection of his asylum request.

London’s decision to reopen the case must come as a relief to the Dutch Deputy Minister of Justice, Nebahat Albayrak, who was in a complicated situation. As an MP, she opposed the then Immigration Minister Rita Verdonk who wanted to extradite a number of Iranian gays in 2005. Now, herself in government, Ms Albayrak appeared forced to do the same with Mehdi Kazemi.

The reason is that the Dublin Accords allow an asylum seeker to lodge an asylum request in just one European country. Kazemi did so in the UK, where he resided as a student when early in 2006 he was told by relatives that his ex-boyfriend Parham had been hanged in Iran.

National rules
Last week, British MEP Sarah Ludford together with her Dutch colleagues was campaigning in the European Parliament on behalf of Kazemi. She says that there was nothing in the rules to stop the Netherlands from taking over the case:

"The Dublin system does not bar a member state from deciding, it just doesn't oblige it to. But we have this ability for member states to shuffle people around, and that is only necessary because the systems aren't common. They are not qualitatively harmonised."
 
All EU member states are supposed to protect people who are being persecuted on the grounds of race, religion or sexuality. But to a large extent they can make their own rules as to what kind of evidence of such persecution they require.

According to the Dutch rules it suffices if you demonstrate that you belong to a group that is being suppressed in your country of origin. Which groups those are is determined on the basis of a list of the Foreign Office. The British authorities, however, demand individual proof of persecution.

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