Nationality and Borders Bill: LGBTQ+ People

Debate between Lloyd Russell-Moyle and Tim Farron

Wednesday 2nd February 2022 Westminster Hall

[Tim Farron (Westmorland and Lonsdale) (LD)]

It is a great pleasure to serve under your chairmanship, Mr Sharma. I congratulate the hon. Member for Sheffield, Hallam (Olivia Blake) on securing this important debate and on making an excellent speech. Like her, I want to declare the support provided to me in my office by the Refugee Asylum and Migration Policy project.

The Nationality and Borders Bill is a peculiarly awful piece of legislation, designed to solve problems that do not exist, ignore problems that do, and play to a gallery rather than seek to make a difference. The negative impact that this Bill will have on LGBTQ+ asylum seekers is a prime example of what is wrong with the Bill. LGBTQ+ people will be disproportionately affected by clause 11, which is the Government’s choice to differentiate on the basis of method of entry into the United Kingdom. They are much more likely, as we have heard, to be categorised as group 2 refugees, and experience second-class treatment at best. Despite fulfilling refugee criteria, they will have very limited leave to remain, reduced refugee family reunion rights, and no recourse to public funds. That will have a huge impact on their ability to integrate. It will affect their wellbeing, mental health, access to services, and ability to work, settle and fully participate in UK society.

[Lloyd Russell-Moyle]

Does the hon. Member agree that the two-track system affects people from different regions differently? I am the chair of the all-party parliamentary group for Kurdistan in Turkey and Syria. Many of the people crossing in the boats are Kurds, because there are no legal ways for Kurds, who may be Syrians in Turkey, to come to the UK. The UK says that Turkey is a safe place for them, but we know that Turkey persecutes Kurds, and the majority of Kurds who come via informal routes get granted asylum here. The Bill would make that much harder for our allies, the Kurds, who fought for us in Syria.

[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.