A protest about assylum in 2006. Photo: Outrage/UK Gay News
For gay men and lesbians seeking assylum from a fearful existence elsewhere, there are still problems in obtaining assylum in the United Kingdom.
The UK Supreme Court ruled in 2010 that gay men and lesbians claiming assylum in the UK cannot be deported back to countries where they will not be free to choose their own lifestyle, or where their lives are in peril if they return.
Detailed figures are difficult to obtain but there are suspicions among workers in this area of policy that lesbians and gay men seeking assylum find it particularly hard to enter the UK. While only 24 per cent of all assylum seekers are successful, less than 3 per cent of gay men and lesbians appear to be successful. Source.
The Supreme Court issued the following guidance to the authorities in dealing with assylum claims.
Tribunals should decide on the evidence whether the applicant really is homosexual.
Then the tribunals should consider whether the applicant faces persecution if they are open about their homosexuality.
If so, does the applicant have a well-founded fear of persecution even if they avoided the risk by living discreetly.
If an applicant opts to live discreetly because of social pressure, for example not wanting to distress his parents, the application should be rejected.
But if the tribunal finds that the applicant has no choice and has to live discreetly in order to avoid persecution then the application should be allowed.
In July 2010, Home Secretary Theresa May remarked: “We have already promised to stop the removal of asylum seekers who have had to leave particular countries because their sexual orientation or gender identification puts them at proven risk of imprisonment, torture or execution.
“From today, asylum decisions will be considered under the new rules and the judgement gives an immediate legal basis for us to reframe our guidance for assessing claims based on sexuality, taking into account relevant country guidance and the merits of each individual case.”
That all sounds very pleasant and cordial. The reality is that gay and lesbian assylum seekers continue to experience difficulties and hardships in gaining secure entry to the UK. Additionally, cases are now dealt with quickly and sometimes with limited access to services and advice.
UK Government advice to many applicants is to return to their country of origin and live quietly rather than openly as a gay man or lesbian, and they would be safe if they did so. That advice has been widely criticised by human rights groups in and outside the UK. It also seems to contradict the advice of the Supreme Court.
In one case a doctor seeking assylum here because he had treated HIV+ patients in Africa was told to go back because he would be perfectly safe if he did not treat HIV+ patients back home. Source.
Then there is another problem facing applicants – tribunals do not believe they are gay, and fast track their deportation. There are instances of airlines refusing to return deportees to their original country.
Source.
There are also cases where a gay or lesbian couple have arrived and have been dealt with differently and with different outcomes.
In May 2011 the government admitted that it is still not collecting data on the number of people who claim asylum or are refused on the basis of their sexual orientation. The lack of data means that it is not known whether gay and lesbian asylum seekers are being returned to countries where they face persecution. Source.
Gay Activist asks readers and activists in the UK to find out more about the issues affecting gay men and lesbians trying to seek a safe refuge in our community, and discuss the matter with their Member of Parliament. The current situation is not satisfactory for all parties.
Other resources:
UK Lesbian and Gay Immigration Group
Related page:
Page updated and links checked 18 May 2012
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