Asked by: Caroline Lucas (Green Party - Brighton, Pavilion)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether her Department has made an assessment of the effect on the mental health of LGBT+ asylum applicants of (a) delays to asylum interviews and (b) the asylum interview process.
Answered by Chris Philp - Minister of State (Home Office)
In respect to the time taken from registering a protection claim to the point of asylum interview, no assessment of the effect on the mental health of LGBT+ asylum applicants has been made.
There are a number of factors that contribute to the length of time to process asylum claims but we are determined to clear the backlog, speed up decisions and prevent people becoming stuck in the system for long periods of time. We have already made significant progress in prioritising cases with acute vulnerability.
Our published policy guidance on both the asylum interview process for all claimants and our policy guidance products specifically in respect to LGBT+ claims are currently being updated. Both policies have been considered in line with our Public-Sector Equality Duty (PSED) in respect to LGBT+ individuals.
Our policy recognises that for applicants affirming an LGBT+ identity, they may not have spoken about intimate personal issues before and may have experienced hostile cultural, societal, familial and religious norms concerning the expression of LGBT+ identities in their home countries. This means it may be difficult for them to be open about their feelings, experiences and their fears of persecution during the interview process. Our policy, therefore, requires that account is taken of all relevant factors when establishing the applicants claim including any health issues that may be raised.
We provide extensive training to our caseworkers to ensure they can sensitively explore an individual’s sexual and/or gender identity and in considering how sexuality or a transgender identity can give rise to persecutory harm.
As part of our improvements to customer service, asylum interviews have been conducted via video conference (VC) from regional interview hubs since 2015. The suitability of a VC interview will be assessed using evidence submitted by the claimant or their legal representative prior to the interview, along with any ongoing or identified safeguarding concerns. Where a claimant is identified as being unsuitable for a VC interview because there are safeguarding concerns or factors that may prevent them from disclosing sensitive information, an in-person interview will be arranged.
Our interview process, irrespective of whether it is conducted by VC or face to face facilitates early signposting of safeguarding concerns to appropriate agencies who can support LGBT+ individuals and where medical evidence concerning an applicant’s vulnerability is brought to our attention, any request to prioritise a case will be taken into account.
Asked by: Claire Hanna (Social Democratic & Labour Party - Belfast South)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many people have been granted asylum in the UK as a result of persecution for being LGBTQ+ in their home state within the last two years.
Answered by Chris Philp - Minister of State (Home Office)
UIN: 119421
A claimant seeking protection on the basis of their sexual orientation is required to substantiate the claim they are lesbian, gay or bi-sexual (LGB), or perceived to be so by others, and that they have a well-founded fear of persecution in their home country arising from this sexual identity. They are required to establish this to a reasonable degree of likelihood.
We do not accept that someone is LGB simply because they affirm it. Any such declarations will form the starting point of explorations and all claims will be subject to a proper assessment of all relevant facts and circumstances.
Our processes ensure applicants are afforded ample opportunity to establish how they define and identify themself sexually and how their sexual identity is relevant to fears around future risk of harm.
The Home Office approach to considering such claims is based on dedicated published guidance and training aimed at ensuring that claims are handled sensitively and appropriately. Our guidance and training products reflect all relevant UK caselaw and all claims are considered on their merits in accordance with the obligations under the 1951 United Nations Convention Relating to the Status of Refugees and the European Convention on Human Rights (ECHR).
UIN: 119420:
The Home Office publishes data on asylum applications and initial decisions for main applicants for whom sexual orientation formed part of the basis of their claim, broken down by nationality in the ‘Immigration Statistics Quarterly Release’. The latest data, covering the period from 2015 to 2019 were published in Immigration Statistics, year ending June 2020. Data on the number of grants of asylum at initial decision where sexual orientation formed a basis of their claim are published in tables SOC_00 and SOC_02 of the ‘Asylum claims on the basis of sexual orientation tables’.
Data published in this release relate to the number of asylum claims made where sexual orientation – lesbian, gay, or bisexual (LGB) – formed part of the basis of the claim. The data do not represent the number of asylum claimants who define themselves as LGB. Having an identifier that an asylum case is based on sexual orientation does not indicate that a claimant has any particular sexuality or that sexual orientation is the reason for any grant or refusal of asylum. It also does not signify whether that aspect of the claim has been accepted. Sexual orientation as a basis of claim could be due to imputed assertions or association rather than a defining characteristic of the claimant.
These data are experimental statistics and should be interpreted with caution. Experimental statistics are statistics that are in a testing phase and are not yet fully developed. These statistics have not been subject to the full level of quality assurance of National Statistics. Further details can be found in the Office for National Statistics Guide to Experimental Statistics.
The next published update will be August 2021, covering the period from 2015 to 2020.
Asked by: Lord McInnes of Kilwinning (Conservative - Life peer)
Question to the Home Office:
To ask Her Majesty's Government what criteria they use to assess the risk to the lives of LGBT asylum seekers from Russia, and in particular the Chechen Republic.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
All asylum and human rights claims from LGBT persons from Russia are carefully considered on their individual merits in accordance with our international obligations. Each individual assessment is made against the background of the latest available country of origin information and any relevant caselaw.
The Home Office publishes Country Policy and Information Notes, which provide country of origin information, and analysis of this information, for use by Home Office decision makers assessing protection and human rights claims. Each Note provides information concerning the situation for a particular group of people in a particular country. They are published on the GOV.UK website. They are kept under constant review and updated periodically.
Decision makers also have access to the latest available country information through an information request service for specific enquiries to deal with particular issues raised in individual claims
Asked by: Ed Davey (Liberal Democrat - Kingston and Surbiton)
Question to the Home Office:
To ask the Secretary of State for the Home Department, with reference to asylum claims, which countries her Department has assessed as persecuting LGBTQ+ people.
Answered by Chris Philp - Minister of State (Home Office)
Our assessment of the situation for LGBTQ+ people in different countries is set out in the relevant country policy and information notes, which are available on the Gov.uk website.
https://www.gov.uk/government/collections/country-policy-and-information-notes
Asked by: Ed Davey (Liberal Democrat - Kingston and Surbiton)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many people have been granted asylum in the UK as a result of persecution for being LGBTQ+ in their home state in each of the last 15 years.
Answered by Chris Philp - Minister of State (Home Office)
The Home Office is unable to state how many people have been granted asylum in the UK as a result of persecution for being LGBTQ+ in their home states in each of the last 15 years.
The Home Office remains committed to publishing information on the number of people claiming asylum on the basis of sexual orientation.
While the Department does not hold pre-July 2015 data in a reportable format and does not currently break down the data into the separate lesbian, gay or bisexual category, experimental data on asylum claims lodged on the basis of sexual orientation, including the number of claimants who were granted asylum, between July 2015 and August 2019 is available at SOC_00 and SOC_04 of the published immigrations statistics year ending March 2020 and is broken down by nationality:
www.gov.uk/government/publications/immigration-statistics-year-ending-march-2020/list-of-tables#asylum-on-the-basis-of-sexual-orientation.
The data does not represent the number of asylum claimants who define themselves as LGB. Having an identifier that an asylum case is based on sexual orientation does not indicate that a claimant has any particular sexuality or that sexual orientation is the reason for any grant or refusal of asylum. It also does not signify whether that aspect of the claim has been accepted. Sexual orientation as a basis of claim could be due to imputed assertions or association rather than a defining characteristic of the claimant.
Asked by: Jo Stevens (Labour - Cardiff Central)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many people claimed asylum in the UK on the basis of sexual orientation in 2018; and what proportion of those applications were refused.
Answered by Chris Philp - Minister of State (Home Office)
The Home Office publishes data on asylum applications in the ‘Immigration Statistics Quarterly Release’. Data on the number of asylum applications on the basis of sexual orientation and the initial decisions on such applications are published in the LGBT asylum data table under SOC_00 of the asylum and resettlement detailed datasets.
Information on how to use the dataset can be found in the ‘Notes’ page of the workbook. The latest data relates to 2018, with the next planned update scheduled for August 2020.
Information on future Home Office statistical release dates can be found in the ‘Research and statistics calendar’.
Links:
Immigration Statistics Quarterly Release:
https://www.gov.uk/government/collections/immigration-statistics-quarterly-release
LGBT asylum data table:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/848102/asylum-sexual-orientation-dec-2018-tables.ods
Asylum and Resettlement Detailed Datasets
https://www.gov.uk/government/statistical-data-sets/asylum-and-resettlement-datasets
Research and statistics calendar:
https://www.gov.uk/search/research-and-statistics?keywords=immigration&content_store_document_type=upcoming_statistics&organisations%5B%5D=home-office&order=relevance
Asked by: Jo Stevens (Labour - Cardiff Central)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many hours of LGBT+ sensitive training were delivered to officers who interview people claiming asylum on the grounds of sexual orientation in 2019.
Answered by Chris Philp - Minister of State (Home Office)
The Home Office does not record the number of hours of LGBT+ sensitive training delivered to officers who interview individuals who claim asylum on the grounds of sexual orientation. LGBT+ training is a central theme throughout the Foundation Training Programme (FTP) that all asylum Decision Makers receive.
We are committed to an asylum system which is supportive and responsive to those claiming asylum on the basis of their sexual orientation or gender identity.
Asked by: Jo Stevens (Labour - Cardiff Central)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what steps her Department has taken to minimise the risk of victimisation to LGBT+ asylum seekers living in temporary accommodation.
Answered by Chris Philp - Minister of State (Home Office)
We take the welfare of all our service users in asylum accommodation very seriously.
The new accommodation contracts contain several uplifts in order to safeguard the vulnerable, including LGBT+, service users. This includes specific training for all frontline provider staff and improved data sharing protocols which include the characteristics and needs of Service users at risk of with specific needs.
Further, we liaise with Micro Rainbow, a charity who organises safe housing and support for LGBT+ asylum seekers and refugees.
Asked by: Jo Stevens (Labour - Cardiff Central)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what assessment her Department has made of the risks to LGBT+ detainees in immigration removal centres.
Answered by Chris Philp - Minister of State (Home Office)
The UK has a proud record of providing protection for asylum seekers fleeing persecution because of their sexual orientation. Each case is considered on its individual merits, with all available evidence carefully and sensitively considered in light of published country information.
Decisions on claims based on sexual orientation are reviewed by a second experienced caseworker as an additional safeguard.
Migrants, including asylum claimants, may be detained for immigration purposes only in accordance with Home Office detention policy, as set out in Detention general guidance and adults at risk in immigration detention. The detention decision must always be made on the basis of the individual’s particular circumstances and eligibility for detention.
All immigration removal centres take a strategic approach to equality and diversity, with identification, monitoring and support for all detainees with protected characteristics. Every detainee receives an individual risk assessment at the point of initial detention which is repeated when the detainee enters the immigration removal centre. The risk assessment is kept under review.
Guidance is available for Home Office and supplier staff on providing consistent standards of treatment for LGB detainees. This is provided in Detention Services Order 2/2016 ‘Lesbian, gay and bisexual detainees in the detention estate’ which is available on the gov.uk website: https://www.gov.uk/government/publications/lesbian-gay-and-bisexual-detainees
Where transsexual individuals are detained, Detention Services Order 11/2012 on the ‘Care and Management of Transsexual Detainees’ sets out how individuals with these particular protected characteristics should be safeguarded and treated in detention. This can be found at: https://www.gov.uk/government/publications/caring-for-and-managing-transsexual-detainees
The UK only ever returns those who both the Home Office and the Courts are satisfied do not need our protection and have no legal basis to remain in the UK.
We do not currently hold the data in the format you have requested, however published data is available on the number of individuals held in immigration detention and those that are returned, including the sexuality of the number of applicants and decisions made. Details of the number of Asylum claims made is also published, the data can be found at:
Under section 8 (detentions and returns) and section 10 (Asylum on the basis of sexual orientation):
https://www.gov.uk/government/statistical-data-sets/asylum-and-resettlement-datasets
Asked by: Jo Stevens (Labour - Cardiff Central)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many LGBT+ asylum seekers have been the victim of a reported hate crime in (a) asylum accommodation and (b) immigration removal centres in each year since 2015.
Answered by Chris Philp - Minister of State (Home Office)
The Government takes the welfare and safety of those in asylum accommodation very seriously and no form of ill-treatment or discrimination is tolerated.
We do not tolerate any kind of criminal activity in our accommodation or immigration removal centres, and any allegation of crime is immediately reported to the police for investigation. Reported incidents which are considered crimes are recorded by the police.
Information on the number of reported hate crimes is not held centrally and could only be provided at disproportionate cost.