Nationality and Borders Bill: LGBTQ+ People

Alex Sobel Excerpts

Wednesday 2nd February 2022 Westminster Hall

[Tim Farron]

Spot on. I appreciate the hon. Gentleman’s intervention, because it frames how ludicrous it is to have a system that sees people as “good refugees” or “bad refugees”. The reality is that creating a second tier of refugee, which the Government sometimes refer to as “illegal route”—there is no such thing as an illegal refugee—is in contravention of international agreements on the matter.

I will reel of a list of countries myself. Cameroon, Bangladesh, Iran, Iraq, Pakistan, Nigeria and Uganda—these are the most common countries of origin for people claiming asylum on the basis of their sexuality. They are also countries where many individuals are persecuted because of their sexual orientation, but they are not seen as areas of conflict or instability and as such do not warrant inclusion in the UK resettlement scheme. As the hon. Gentleman just mentioned, as a result, those people will be treated as second-class asylum seekers. If they can find their way here, it will probably be through very unsafe routes—although safer than staying put, I ought to add. Those fleeing those countries can therefore come here only by the so-called illegal routes—irregular, informal routes.

It is important to recognise that even if those people were in a region where they could access the UK resettlement scheme, they may still remain at risk, due to their sexuality, in neighbouring countries that they would pass through on the way to safety, which for other refugees might be places of safety. They would obviously prefer to move on to safety rather than wait in camps in a country that is unsafe for them. Further to that, it is highly likely that LGBTQ+ people will not feel safe coming forward and identifying themselves as a person eligible for resettlement, because it is quite possible that their families and communities could be the source of the persecution. The Government’s choice to penalise further the late production of evidence will disproportionately impact LGBT people. It is therefore wrong.

There are reasons why, as the hon. Member for Sheffield, Hallam, rightly set out, LGBT+ people are less able to access safe routes to the UK than other categories of refugees. It is important, therefore, that refugees are treated the same, regardless of their method of travel. The conditions that refugees are granted should not be dependent on how they reach the UK. There are many valid reasons why people have no choice but to use irregular routes. None of us wants people to have to resort to using criminal gangs to access safety.

[Alex Sobel (Leeds North West) (Lab/Co-op)]

The hon. Member mentioned Uganda. In 2014, it passed an anti-homosexuality Bill into law, which created a big outpouring of refugee communities. The problem that many Ugandan refugees had was that, although in neighbouring countries the laws were not as strict as Uganda’s, they did not want to identify themselves as LGBTQ and to have it known. Their only option would be to come to a country such as the UK. We need to recognise that.

[Tim Farron]

The hon. Member is absolutely right. That is what is wrong with the Bill. He sums up the problem of having this nonsense, immoral, two-tier system. We do not want people to use criminal gangs to get here, but if the Government will not provide safe routes for those people, they will have to do that and we should have compassion for them.

Irregular journeys and the fact that we are an island mean that people will travel through other countries before reaching the United Kingdom. Data shows that most refugees remain in neighbouring or other European countries. Many countries take more asylum seekers per capita than the United Kingdom. The international refugee system relies on countries sharing the refugee population. We cannot rely on certain countries to host all the refugees who reach them just because they happen to be the first point of arrival in Europe, for example. It is not fair on Greece, Italy and so on. It does not work. We need to do our bit. Treating certain kinds of refugee as second class or worse is wrong, and likely to be against international law. How can we look Putin in the eye at this terrible moment and challenge him over his breaches of international law when we risk doing so ourselves? It is not just generally about having a second, lower-tier of less worthy refugees, but in particular the way that we make life demonstrably harder for LGBTQ and other marginalised communities. That is wrong; the Government must rethink it.