LGBT refugees will be marching free from fear this weekend

By Phil Woolas MP

The Labour Government is committed to providing protection for individuals found to be genuinely in need, in accordance with our commitments under international law – and we are proud to do so.

Under the 1951 UN Convention, a refugee is a person who has, amongst other things, a well founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion. Individuals who share a particular sexual orientation may be regarded as members of a particular social group depending on their circumstances. If they are considered to be a particular social group then a claimant who is at real risk for reason of membership of that group will fall within the Refugee Convention and will be granted asylum. If a claimant is at risk but not for reason of membership of a particular social group or other Refugee Convention reason, they may qualify for Humanitarian Protection.

We believe the right approach is to consider the protection needs of individuals on an individual basis. As with all asylum claims, there cannot be a presumption that every asylum seeker who presents themselves as being of a particular sexuality or nationality, regardless of their particular circumstances, should automatically be afforded the protection of being allowed to remain in the UK. Each asylum application is considered on a case by case basis in the light of its own facts and the situation in the country of origin.

Case owners dealing with asylum applications receive comprehensive training to ensure our obligations under the 1951 Convention are fully realised and receive instruction to do so sensitively, which includes consideration of applications where a claim is based on fear of persecution in their own country because they are a lesbian, gay, bisexual, or transgender person. There are also clear instructions to all immigration and asylum staff, that homophobic and transphobic persecution are legitimate grounds for granting asylum.

Country information is one of the most important parts in assessing an asylum claim. Case-owners have access to accurate, objective, sourced and up-to-date information on asylum seekers’ countries of origin, compiled from a wide range of reliable external information sources including the United Nations High Commissioner for Refugees (UNHCR), human rights organisations, inter-governmental organisations, NGOs, news media and the Foreign and Commonwealth Office. It does not contain any Home Office policy or opinion.

From time to time we are accused of expecting gay men and lesbians to be discreet, effectively to suppress their sexuality in order to avoid persecution. This is not an accurate representation. The Court of Appeal has found, in line with our policy that whether a gay claimant can reasonably be expected to tolerate behaving discreetly is something that must be considered on the individual merits of the case. All relevant factors must be taken into account including the person’s previous behaviour, the social norms and religious beliefs of their country of origin, and the fact that a degree of discretion can be required in all sexual relationships, heterosexual as well as homosexual. It is not our policy to require gay men or lesbians to be discreet about their sexuality.

There will be many genuine refugees marching as part of London Pride who have been granted asylum by the Government on the grounds of their sexual orientation – I am pleased to say that they are free from the fear of persecution and can enjoy the LGBT rights that Labour has introduced in the last 10 years.