Immigration: Asylum Seekers

Baroness Hamwee Excerpts

Monday 7th March 2011 Lords Chamber

[Earl Attlee]

My Lords, no, because all cases are considered on their merits. If there is no reason to suspect that an applicant is not gay and he comes from a homophobic state, he will have a good claim for asylum.

[Baroness Hamwee]

My Lords, the Minister will understand the comments made by those who have been subject to these procedures—that, for instance:

“If you do not fit”,

the border agency’s,

“view of a stereotypical gay person then they don’t get it—how do I prove I’m a lesbian?”.

I am not asking the Minister to give a direct answer now but perhaps to take my question back to consider it, because I have not given him warning of it. In Section 94, there is the opportunity for the Secretary of State, when he thinks that it is appropriate, to add other attributes. Is the word “reasonably” implied when the Secretary of State has to consider those other attributes?

[Earl Attlee]

My Lords, the noble Baroness is right on her first point on the difficulty of reliably determining whether someone is gay or not. I accept that point. But if the claim is not clearly unfounded, the applicant will be able to put that to officials and, if necessary, to an appeal court.

The noble Baroness talked about Section 94. We do not think that it is necessary to make a further designation under Section 94 as she suggests.