Being queer in some countries in the world can mean that you suffer from societal discrimination, legal penalties, or in some countries severe legal or societal abuse, including death.
Many LGBTQ+ refugees from these countries come to the UK by way of illegal entry, such as through the use of agents, by boat or using false documents. Many refugees are able to come as students, or visitors to the UK and when they claim asylum will depend on the specific circumstances of the refugee. It’s worth noting that it can be damaging to the refugee’s credibility if there is delay between the risk of persecution arising and the claim for asylum.
Many LGBTQ+ refugees do not necessarily feel at risk on their arrival in the UK. It may be that they are from country where a person simply doesn’t reveal their sexuality. Living in the UK where societal attitudes are different, may mean that a person who was once able to hide their sexuality, no longer feels able to do so. Sometimes a person who was not at risk when they left their country becomes at risk because of threats they have received whilst in the UK. These types of LGBTQ+ claims are known as ‘sur-place’ claims. This means that whilst you didn’t flee your country of persecution, you now cannot return their due to the threat of persecution in that country.
The Guardian in a 2017 article lists the countries where LGBT people suffer the most persecution. The list includes Iraq, Iran, Honduras, Uganda, Russia, Egypt and Nigeria. Anecdotally, we commonly represent LGBTQ+ persons from Iran, Russia and Nigeria, but also from Jamaica, Pakistan and Albania, amongst others.
The likelihood of being granted asylum depends on two main factors. Firstly, does the Home Office believe that you are gay? In Home Office terminology, are you ‘credible’. Proving sexuality has had a very rocky road in the UK asylum system, but we are now in a position where the Home Office understands that asking explicit questions in interview is not an acceptable way to determine a person’s sexuality. We are able to assist you in preparing a statement of evidence before the asylum interview which details your case and your sexuality in a way that gets to the crux of what you need to prove. Secondly, if you prove your sexuality, the Home Office will look at whether that means you are likely to face persecution in the country you return to. Whether you are able to prove this will depend on your account of what has happened to you, as well as the country conditions generally in that country. Many countries have ‘Country Guidance’ cases where the courts have determined the risks to LGBTQ+ persons in their home country. Where there have been no determinative court cases, the Home Office will often have released papers setting out their research on what the position is for the LGBTQ+ community in that country. It may be that in some situations, where the available information doesn’t reflect the situation of the asylum applicant, a private expert report might be required.
The process of claiming asylum from within the UK is that we first must contact the Home Office and inform them of the claim for asylum. Many people fear that they will be detained by the Home Office, but in reality it is unlikely that an asylum applicant would be detained. Subsequently, the Applicant will have what is known as a ‘screening interview’ where the Home Office will record the basis of the claim for asylum. An asylum interview is scheduled at a later date where you will be asked detailed questions about the asylum claim. We’ll accompany you to the interview to ensure that the Home Office remain compliant with protocol. We also assist you in preparing the documents to support your LGBTQ+ asylum claim.
The Asylum application process need not be daunting, when the right people are accompanying you.