Question to the Home Office:

To ask the Secretary of State for the Home Department, what assessment he has made of the (a) needs and (b) vulnerabilities of LGBTQI+ people as part of Operation Maximise.

Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)

The safety and wellbeing of asylum seekers in our care is of paramount importance to the Home Office. We expect high standards from all of our providers, and we have a robust governance framework in place to manage service delivery of the Asylum Accommodation Support Contracts (AASC). Further details can be found at: AASC_-_Schedule_2_-_Statement_of_Requirements.pdf.

Section G.2 of the AASC provides examples of factors which accommodation providers should consider as part of their case-by-case assessment of an individual’s needs in room sharing, including whether they identify as LGBT. This aligns with the allocation of accommodation policy which sets out that the circumstances of every person in asylum accommodation should be assessed individually. Where an individual need or safeguarding concern exists, accommodation may be provided to meet such need.

Additionally, the Home Office has published the Asylum Support Contracts Safeguarding Framework at: https://www.gov.uk/government/publications/asylum-support-contracts-safeguarding-framework. This framework sets out a joint, overarching approach, as well as the key controls and reporting mechanisms in place, across the AASC contracts, for safeguarding arrangements.   All asylum seekers have access to a 24/7 AIRE (Advice, Issue Reporting and Eligibility) service provided for the Home Office by Migrant Help where they can raise any concerns regarding accommodation or support services and they can get information about how to obtain further support.

Question to the Home Office:

To ask the Secretary of State for the Home Department, whether he has made an assessment of the conformity of adding Georgia to the list of Safe States with the duties laid out in section 80AA(4) of the Nationality, Immigration and Asylum Act 2002 on LGBTQI+ people seeking asylum.

Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)

In order to inform ministerial decision making on whether to add India and Georgia to the list of Safe States in section 80AA of the Nationality, Immigration and Asylum Act 2002 (NIAA 2002), we made an assessment of the general situation in both countries, using evidence from a wide range of reliable sources in order to do so. This was in line with the requirements at section 80AA(3) and 80AA(4) of the NIAA 2002 (as inserted by section 59(3)(3) and 59(3)(4) of the Illegal Migration Act 2023).

Through considering country information and each country’s respect for the rule of law and human rights, we assessed that both countries met the criteria. Further information on the situation for LGBT people in Georgia and India is contained within our published Country Policy and Information Notes, available on Gov.Uk.

Question to the Home Office:

To ask the Secretary of State for the Home Department, whether he has made an assessment of the conformity of adding India to the list of Safe States with the duties laid out in section 80AA(4) of the Nationality, Immigration and Asylum Act 2002 on LGBTQI+ people seeking asylum.

Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)

In order to inform ministerial decision making on whether to add India and Georgia to the list of Safe States in section 80AA of the Nationality, Immigration and Asylum Act 2002 (NIAA 2002), we made an assessment of the general situation in both countries, using evidence from a wide range of reliable sources in order to do so. This was in line with the requirements at section 80AA(3) and 80AA(4) of the NIAA 2002 (as inserted by section 59(3)(3) and 59(3)(4) of the Illegal Migration Act 2023).

Through considering country information and each country’s respect for the rule of law and human rights, we assessed that both countries met the criteria. Further information on the situation for LGBT people in Georgia and India is contained within our published Country Policy and Information Notes, available on Gov.Uk.

Question to the Foreign, Commonwealth & Development Office:

To ask the Secretary of State for Foreign, Commonwealth and Development Affairs, what steps his Department plans to take to protect overseas families of UK asylum seekers who have fled persecution due to their sexuality.

Answered by Andrew Mitchell - Minister of State (Foreign, Commonwealth and Development Office) (Minister for Development)

The UK is committed to promoting the human rights of LGBT+ people around the world and ensuring that no one faces violence or discrimination for being LGBT+. Our Refugee Family Reunion visa scheme allows eligible family members of those granted refugee status or humanitarian protection, including LGBT+ refugees, to reunite with them in the UK. Additionally, through our international programmes and diplomatic engagement, we bring communities and governments together to strengthen rights and freedoms. Since 2018, we have provided over £13.5 million of UK-funded projects to empower and build the capacity of grassroots LGBT+ organisations and human rights defenders worldwide.

Question to the Home Office:

To ask the Secretary of State for the Home Department, what steps her Department is taking to protect LGBT+ people from experiencing homophobic abuse whilst in detention in the UK.

Answered by Robert Jenrick

The rights of all detained individuals are safeguarded by the Detention Centre Rules 2001, published operating standards for immigration removal centres (IRCs) and Detention Services Orders (DSO).

Any discrimination against those who are detained in our immigration removal estate is unacceptable, and we take robust action against anyone who is found not to have behaved appropriately. Published guidance sets out the standards of treatment for transexual, lesbian, gay, bisexual and transgender (LGBT) people in detention, to ensure that all staff working in the Home Office removal estate are aware of the actions to identify and appropriately meet their needs.

Detainee Custody Officers in IRCs receive diversity training as part of their initial training, covering the treatment of LGBT detained persons and others with protected characteristics. In addition, supplier staff provide opportunities for detained individuals to safely disclose their sexual orientation and ensure that those who choose to disclose can access support and assistance. This information is treated sensitively in line with data protection legislation.

Question to the Home Office:

To ask the Secretary of State for the Home Department, what steps her Department is taking to prevent discrimination on the basis of sexual orientation or gender identity in the application of the new asylum assessment rules under the Nationality and Borders Act 2022.

Answered by Robert Jenrick

This Government is committed to advancing the rights of individuals who are LGBT. The welfare and dignity of all claimants, including those who are LGBT, remains central to our decision-making processes.

One of the key objectives of the Nationality and Borders Act 2022 is to increase the fairness and efficacy of our asylum system so that we can better protect and support those in genuine need of asylum. In September 2021, we published an Equality Impact Assessment for the policies being taken forward through the then Bill which included an assessment on potential impacts on people who may face persecution because of the protected characteristics of sex, sexual orientation and gender reassignment.

Question to the Home Office:

To ask the Secretary of State for the Home Department, how many applicants claiming asylum on the basis of LGBT+ status were (a) accepted, (b) rejected, (c) detained and (d) deported in each of the last five years.

Answered by Kevin Foster

Regarding part (a) and (b) of the question, the Home Office publishes data on asylum in the ‘Immigration Statistics Quarterly Release’.

Data on asylum claims where sexual orientation formed part of the basis for the claim are published in tables SOC00 – SOC04 of the ‘LGB asylum data tables’. Information on how to use the dataset can be found in the ‘Notes’ page of the workbook. The latest data relates to 2020. Information on future Home Office statistical release dates can be found in the ‘Research and statistics calendar’. Please note, these statistics are experimental and should be interpreted with caution. Further information can be found in the asylum claims on the basis of sexual orientation topic.

Regarding part (c) and (d) of the question, the basis of an asylum claim is not routinely recorded in relation to detention or returns and the information sought could only be obtained at disproportionate cost.

Question to the Home Office:

What assessment she has made of trends in the level of homophobic, biphobic and transphobic abuse and assaults faced by LGBTQ+ asylum seekers in processing centres (a) in the UK and (b) offshore.

Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)

The Nationality and Borders Bill seeks to build a fair, but firm asylum and illegal migration system. We published an Equality Impact Assessment for the policies being taken forward through the Bill, and the potential impacts on people who are LGBTQ+ are considered throughout.

The welfare and dignity of all claimants forms a central platform of our decision-making processes and robust safeguarding measures will continue to ensure that all cohorts of asylum seeker are protected from bullying, harassment or discrimination.

Question to the Home Office:

To ask the Secretary of State for the Home Department, what assessment she has made of the risk of increasing homophobic, biphobic and transphobic assault and harassment in the asylum process through the use of offshore immigration processing centres.

Answered by Kevin Foster

The New Plan for Immigration seeks to build a fair, but firm asylum system, ensuring we can better protect and support those in genuine need of asylum. On 16 September, we published an Equality Impact Assessment for the policies being taken forward through the Nationality and Borders Bill. This includes an assessment on potential impacts on people who are LGBTQ+:

https://www.gov.uk/government/publications/the-nationality-and-borders-bill-equality-impact-assessment

Question to the Home Office:

To ask the Secretary of State for the Home Department, what assessment she has made of the effect of creating a second category of asylum seekers based on late evidence on LGBTQ+ people resident in the UK.

Answered by Kevin Foster

The New Plan for Immigration seeks to build a fair, but firm asylum system, ensuring we can better protect and support those in genuine need of asylum.

On 16 September, we published an Equality Impact Assessment for the policies being taken forward through the Nationality and Borders Bill. This includes an assessment on potential impacts on people who are LGBTQ+:

https://www.gov.uk/government/publications/the-nationality-and-borders-bill-equality-impact-assessment

Question to the Home Office:

To ask the Secretary of State for the Home Department, what assessment she has made of the impact of raising the balance of probabilities to justify identity as a reason when assessing credibility of a claim for asylum in respect of LGBTQ+ people resident in the UK.

Answered by Kevin Foster

The New Plan for Immigration seeks to build a fair, but firm asylum system, ensuring we can better protect and support those in genuine need of asylum.

On 16 September, we published an Equality Impact Assessment for the policies being taken forward through the Nationality and Borders Bill. This includes an assessment on potential impacts on people who are LGBTQ+:

https://www.gov.uk/government/publications/the-nationality-and-borders-bill-equality-impact-assessment

Question to the Home Office:

To ask the Secretary of State for the Home Department, what assessment she has made of the effect of the Nationality and Borders Bill on (a) equality, (b) personal safety and (c) the process of providing evidence of one’s identity in the asylum process for LGBTQ+ people.

Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)

An Equality Impact Assessment has been completed for the policies being delivered through the Nationality and Borders Bill. This includes consideration of possible impacts on people who are LGBTQ+. The Equality Impact Assessment will be published in due course.

Found: Asylum: LGBT+ People 14 Mar 2023 | 1 60341 Asked by: Dr Rupa Huq To ask the Secretary of State

Found: answered: 01 Dec 2022 LGBT+ History Month 25 Commons Library Debate Pack , 1 February 2023 Asylum