Asylum claims based on sexual orientation and gender identity are systematically rejected both in the UK and Europe. The officials often expect the claimant to convince them that they are ‘truly’ gay or trans or other. One in three claimants is refused asylum because the officials did not believe their sexual orientation or gender identity. According to international human rights law, instead of asking whether the claimant is undoubtedly gay, the officials should ask whether they face a threat of prosecution in their country of origin based on the grounds of their sexuality. There is also a cultural and language barrier. Many languages are not conditioned to express non-heteronormative relationships and identities.
In the UK, the LGBTQ+ asylum seekers suffer consequences of hostile asylum policies, especially in regards to housing. 60 per cent of LGBTQ+ asylum seekers live with friends and partners in private rented accommodations or houses of multiple occupations. Those who interact with their landlords face indifference or discrimination.
Nevertheless, there have been some positive developments in the case law regarding the LGBTQ+ community in the UK. In Birmingham City Council v Afsar, the case discussed in this episode, the Court agreed that an interim injunction should be granted to restrain the anti-LGBT protests organised by parents of students of the local primary school.
SOGICA Project indicates that, according to international human rights law, instead of asking whether the claimant is undoubtedly gay, the officials should ask whether they face a threat of prosecution in their country of origin based on the grounds of their sexuality or gender identity. Moreover, Vinnosh mentions the case HJ and HT v Home Secretary, where the Court decided that the fact that the claimants would not face prosecution in their country provided they concealed their sexuality could not be an argument in favor of deportation.
Vinnosh also recommends the movie My Son is Gay.
Here are some organizations that help LGBTQ+ asylum seekers with links to their websites:
LGSMigrants (Lesbian and Gays Support the Migrants): http://www.lgsmigrants.com/do-you-need-help
UK Lesbian & Gay Immigration Group: https://uklgig.org.uk/
Stonewall UK: https://www.stonewall.org.uk/asylum
City of Sanctuary UK (provides a list of local groups that support the LGBT+ asylum seekers):
If you wish to be involved in a future season of the LGBTQ+ Pride and the Law: A Podcast, please contact elawclinic@essex.ac.uk for more information!