LGBT+ People and Asylum Claims – A review in light of the Home Secretary’s comments
In the past year, 1,334 individuals sought asylum in the UK based on their sexual orientation, constituting 2% of all asylum claims. Unfortunately, the recent actions of the Home Secretary have singled them out as unworthy of protection.
A staggering 66 countries criminalize same-sex relationships, a legacy of British colonialism in many cases. Just this year, Uganda enacted a law carrying a 20-year prison sentence for promoting homosexuality, potentially encompassing advocacy groups for LGBT+ rights. This law even permits life imprisonment and the death penalty in specific cases. The situation is equally dire in other countries, with violent raids on gay establishments and shelters, and victims enduring extreme mistreatment.
In Afghanistan, a Taliban judge advocated for the execution of gay men through stoning or collapsing walls on them. A harrowing incident in October 2022 saw a gay student tortured for three days before being murdered. Recognising the perilous situation, the government evacuated 29 LGBT+ individuals from Afghanistan in 2021, acknowledging their vulnerability to persecution and discrimination.
Nigeria, Pakistan, and Iran exhibit similarly distressing scenarios, with LGBT+ individuals facing harassment, violence, and in some cases, even death penalties. This tragic mistreatment transcends discrimination and firmly establishes these individuals as refugees in dire need of protection, despite the comments made by the Home Secretary.
The UK government has published statistics on asylum claims based on sexual orientation since 2015, though the same transparency is not extended to gender identity-based claims, nor is there a gender-specific breakdown for sexual orientation claims. These statistics show that, unsurprisingly, Uganda and Iran have the highest grant rates, with Uganda reaching an alarming 98% in 2022.
While there has been progress, with the grant rate increasing from 39% in 2015 to 72% in 2022, there persists a culture of disbelief within the Home Office towards LGBT+ asylum seekers. This scepticism remains a substantial obstacle to their rightful claims.
Being LGBT+ further complicates the search for safety, as neighbouring countries often also harbour hostile attitudes. Unlike those fleeing conflict in Ukraine, Syria, or Afghanistan, individuals facing persecution due to their sexual orientation or gender identity lack safe and legal routes to protection.
Regrettably, government asylum policy inadequately addresses the unique needs of LGBT+ asylum seekers. Instances such as the Rwanda agreement and the disproportionate challenges faced by LGBT+ individuals in asylum accommodations demonstrate this deficiency. Despite the Home Secretary’s assertion that all persecuted individuals deserve protection, it is becoming increasingly evident that the Home Secretary does not extend this sentiment to LGBT+ people.
By: Jenny Comani