Asked by: Alison Thewliss (Scottish National Party - Glasgow Central)
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.
Asked by: Angela Crawley (Scottish National Party - Lanark and Hamilton East)
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.
Asked by: Angela Crawley (Scottish National Party - Lanark and Hamilton East)
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.
Asked by: Sarah Owen (Labour - Luton North)
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.
Asked by: Lord Scriven (Liberal Democrat - Life peer)
Question to the Home Office:
To ask His Majesty's Government what safe and legal routes exist for a Ugandan LGBT+ individual, who is under threat of imprisonment because of anti-homosexual laws in Uganda, and wishes to come to the UK to claim asylum as they have a family member living in the UK.
Answered by Lord Murray of Blidworth
Between December 2015 and 2022, the Government’s family reunion policy has granted more than 44,659 family reunion visas, bringing many families together.
This safe and legal route allows immediate family members, as defined in the Immigration Rules, of those granted protection in the UK to join them here, if they formed part of the family unit before the sponsor fled their country. Where somebody has a link to the UK, they may be eligible for our other family routes and can find more information on how to apply on gov.uk here: Indefinite leave to remain (permission to stay as a refugee, humanitarian protection or Discretionary Leave): Family reunion - GOV.UK (www.gov.uk)
There is no provision within our Immigration Rules for someone to be allowed to travel to the UK to seek asylum or temporary refuge, in keeping with almost all countries around the world. Whilst we sympathise with people in many difficult situations around the world, 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.
Asked by: Chi Onwurah (Labour - Newcastle upon Tyne Central)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what safe and legal routes her Department has made available to the UK for asylum seekers from Uganda who identify as LGBT.
Answered by Robert Jenrick
The UK has a proud history of supporting refugees. Since 2015, we have offered just under half a million people safe and legal routes into the UK.
The UK made a generous resettlement offer, with worldwide displacement now standing at around 100 million people, we are unable to make routes available for every eventuality.
The UK continues to welcome refugees and people in need through existing resettlement schemes which include the UK Resettlement Scheme (UKRS), Community Sponsorship, the Mandate Resettlement Scheme, and the Afghan Citizens Resettlement Scheme (ACRS).
Referrals for the UKRS, Community Sponsorship, Mandate Resettlement and Pathway 2 of the ACRS are assessed and submitted by UNHCR. These assessments are based on people’s needs and vulnerabilities and the UK does not seek to influence which cases are referred by UNHCR.
Asked by: Tim Farron (Liberal Democrat - Westmorland and Lonsdale)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what the (a) quickest and (b) slowest time was for communicating an asylum decision for an application made in the United Arab Emirates for an Afghan national who is a spouse of another Afghan national already granted asylum in the UK in the latest period for which data is available.
Answered by Robert Jenrick
There is no provision within our Immigration Rules for someone to be allowed to travel to the UK to claim asylum or temporary refuge or make a claim for asylum or protection from abroad. Therefore, the information requested does not exist.
The UK has made an ambitious and generous commitment to help relocate at-risk people in Afghanistan. To date, nearly 24,500 people have been brought to safety. This includes British Nationals and their families, Afghans who loyally served the UK and others identified as particularly at-risk, such as campaigners for women’s rights, human rights defenders, Chevening scholars, journalists, judges and members of the LGBT+ community. The UK continues to welcome eligible Afghans through the Afghan Relocations and Assistance Policy (ARAP) and Afghan Citizens Resettlement Scheme (ACRS).
Asked by: Rupa Huq (Labour - Ealing Central and Acton)
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.
Asked by: Jeremy Corbyn (Independent - Islington North)
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.
Asked by: Dan Carden (Labour - Liverpool, Walton)
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.
Answered by Robert Jenrick
This Government remains committed to securing and 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 – part of our New Plan for Immigration - 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. Equalities considerations have been central in developing our plan. 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.