Asked by: Stephen Doughty (Labour (Co-op) - Cardiff South and Penarth)
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.
Asked by: Olivia Blake (Labour - Sheffield Hallam)
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
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.
Asked by: Navendu Mishra (Labour - Stockport)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what steps her Department is taking to provide assistance to LGBTQI+ Afghans seeking asylum.
Answered by Tom Pursglove
The UK has a proud record of providing protection for people who need it, in accordance with our obligations under the Refugee Convention and the European Convention on Human Rights. However, there is no provision within our Immigration Rules for someone to be allowed to travel to the UK to seek asylum or temporary refuge. Whilst we acknowledge the increasingly complex situation in Afghanistan, we are not bound to consider asylum claims from the very large numbers of people overseas who might like to come here. Those who need international protection should claim asylum in the first safe country they reach – that is the fastest route to safety.
While we do not allow asylum claims from abroad, all asylum claims that are lodged from within the UK, including those from Afghan nationals that are based on sexual orientation or gender identity, will be carefully considered on their individual merits in accordance with our international obligations. Those who need protection will normally be granted five years’ limited leave, have full access to the labour market and mainstream benefits, and can apply for settlement after five years.
We do not remove asylum seekers who have had to leave their countries because their sexuality or gender identity has put them at risk of persecution and no one who is found to be at risk of persecution or serious harm in Afghanistan will be expected to return there. Enforced returns of those who have been refused asylum and have exhausted all rights of appeal are also currently paused while we consider the situation.
The UK’s new resettlement scheme will, however, offer a route welcoming Afghans most at risk who have been forced to flee the country. We will work with UNHCR and partners in the region to prioritise those at risk, such as women and girls at risk, and ethnic, religious and LGBT+ minority groups at risk.
Asked by: Lord Roberts of Llandudno (Liberal Democrat - Life peer)
Question to the Home Office:
To ask Her Majesty's Government whether they are prioritising Afghan asylum seekers who are (1) women, (2) children, and (3) deemed to be especially vulnerable; and if so, what processes they are using to identify these people.
Answered by Baroness Williams of Trafford - Shadow Chief Whip (Lords)
Through the Afghan Citizens Resettlement Scheme (ACRS) the UK will relocate up to 20,000 people at risk, including women and girls and minority groups, so they can rebuild their lives in safety.
On 13th September, further details on this scheme were set out in a statement made in the House of Commons and published on gov.uk. Through these statements, the Government confirmed that the ACRS will prioritise those who have assisted the UK efforts in Afghanistan and stood up for the values we share such as democracy, women’s rights and freedom of speech and the rule of law, as well as other vulnerable people, including women, girls and members of minority groups at risk (including ethnic and religious minorities and LGBT+).
To help identify those most at risk and vulnerable, the government will work closely with the UN’s Refugee Agency, UNHCR, to identify and resettle refugees who have fled Afghanistan based on their protection and humanitarian need. The government will also work with international partners and NGOs in the region to implement a referral process for people inside Afghanistan, where safe passage can be arranged, and for those that have recently fled to other countries in the region.
Asked by: Charlotte Nichols (Labour - Warrington North)
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+:
Asked by: Charlotte Nichols (Labour - Warrington North)
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+:
Asked by: Charlotte Nichols (Labour - Warrington North)
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+:
Asked by: Kirsten Oswald (Scottish National Party - East Renfrewshire)
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
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.
Asked by: Peter Gibson (Conservative - Darlington)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what steps her Department is taking to allow members of the LGBT community in Afghanistan to seek asylum in the UK.
Answered by Chris Philp - Shadow Home Secretary
The UK has a proud record of providing protection for people who need it, in accordance with our obligations under the Refugee Convention and the European Convention on Human Rights. However, there is no provision within our Immigration Rules for someone to be allowed to travel to the UK to seek asylum or temporary refuge. Whilst we acknowledge the increasingly complex situation in Afghanistan, we are not bound to consider asylum claims from the very large numbers of people overseas who might like to come here. Those who need international protection should claim asylum in the first safe country they reach – that is the fastest route to safety.
While we do not allow asylum claims from abroad, all asylum claims that are lodged from within the UK, including those from Afghan nationals that are based on sexual orientation or gender identity, will be carefully considered on their individual merits in accordance with our international obligations. Those who need protection will normally be granted five years’ limited leave, have full access to the labour market and mainstream benefits, and can apply for settlement after five years.
We do not remove asylum seekers who have had to leave their countries because their sexuality or gender identity has put them at risk of persecution and no one who is found to be at risk of persecution or serious harm in Afghanistan will be expected to return there. Enforced returns of those who have been refused asylum and have exhausted all rights of appeal are also currently paused while we consider the situation.
The UK’s new resettlement scheme will, however, offer a route welcoming Afghans most at risk who have been forced to flee the country, prioritising resettling women, girls and children to the UK. Further details on the scheme will be published in due course.
Asked by: Dawn Butler (Labour - Brent East)
Question to the Home Office:
To ask the Secretary of State for the Home Department, with reference to proposals in the 2021 Queen’s Speech on reforms to the immigration system, what steps her Department is taking to (a) meet the specific experiences and needs of LGBTQ+ asylum seekers and (b) ensure that LGBTQ+ asylum seekers are not penalised in their asylum applications in the event that they do not reveal their sexual orientation or gender identity immediately upon arrival in the UK.
Answered by Kevin Foster
The Home Office has and continues to work closely with a diverse range of organisations specialising in asylum and human rights protection to lesbian, gay, bisexual, trans and intersex people (LGBTQ+) communities, not only to facilitate the development of bespoke guidance and training products but also to further our work for LGBTQ+ within our asylum system.
We ensure LGBTQ+ asylum seekers are signposted to relevant NGOs specialising in the support of these individuals. This is done through an information leaflet given to all asylum claimants at the point of claim which includes sections on legal advice, additional help and assistance with links to relevant legal bodies and support organisations. LGBTQ+ asylum seekers can also access support from Rainbow Migration (formerly the UK Lesbian & Gay Immigration Group), who provide both practical and emotional support for LGBTQ+ people including how to help improve their confidence and self-esteem and to reduce isolation.
The Home Office recognises discussing persecution may often be distressing and those seeking asylum are given every opportunity to disclose information relevant to their claim before a decision is taken. Our caseworkers are very mindful many asylum seekers come from cultures which shun any open expression or discussion of sexual orientation or gender identity. We recognise the intimate nature of disclosure set against the individual’s cultural background may have made it difficult for some to disclose and discuss their sexuality or gender identity with officials at a port of entry.
Where it appears a claimant has been in the UK for a prolonged period of time before either coming to immigration attention or voluntarily seeking protection, this will be explored with the claimant. Consideration will be given to any explanation offered for not seeking protection at the first available opportunity, or for not disclosing the issue of sexuality or gender identity as a claim basis at the first available opportunity. Adverse inference however will not solely be drawn from someone not having immediately identified their sexual or gender identity as a basis to their claim.