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 seeking asylum in the UK on the basis of sexual orientation are in immigration detention.
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: Lord Scriven (Liberal Democrat - Life peer)
Question to the Home Office:
To ask Her Majesty's Government whether their introduction of a new asylum casework database will improve the capturing and recording of the details of LGBTQI+ people who (1) claim asylum, and (2) are held in detention; and if so, how.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The new Atlas case working system remains in development. It is therefore not possible to confirm at this time exactly what data it will record. Atlas is intended to improve how cases are recorded, managed and reported. This includes building on current reporting fields for LGBTQI+ people claiming asylum or being held in detention.
Asked by: Chris Evans (Labour (Co-op) - Islwyn)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many people who described themselves as gay, lesbian or bisexual when seeking asylum in the UK have been refused asylum on the grounds that there is not enough evidence to prove that they are gay, lesbian or bisexual since 2015.
Answered by Caroline Nokes
The Home Office remains committed to publishing information on the number of people claiming asylum on the basis of sexual orientation
On 29 November 2018, the Home Office published experimental statistics on Asylum claims made on the basis of sexual orientation, covering the pe-riod 2015 to 2017.
These experimental statistics provide data on asylum claims from 2015-2017, by year of application, initial decision, appeal receipt, or appeal decision
Data on the number of asylum seekers refused asylum on the basis of sexual orientation can be found in tabs SOC_00 in the experimental statis-tics in the link provided below:
https://www.gov.uk/government/statistics/immigration-statistics-year-ending-december-2018-data-tables
Asked by: Chris Evans (Labour (Co-op) - Islwyn)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many (a) gay, lesbian or bisexual and (b) transgender asylum seekers have been deported from the UK since 2015.
Answered by Caroline Nokes
The Home Office does not hold central records of how many (a) gay, lesbian or bisexual and (b) transgender asylum seekers have been deported from the UK since 2015.
Providing the information requested would require a manual check of individual records which could only be done at disproportionate cost.
Asked by: Lord Scriven (Liberal Democrat - Life peer)
Question to the Home Office:
To ask Her Majesty's Government how many people claimed asylum in the last 12 months on the grounds of their (1) sexual orientation, and (2) gender identity; and of those, how many cases were (a) granted, (b) refused, (c) granted on appeal, and (d) refused on appeal.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The Home Office remains committed to publishing information on the number of people claiming asylum on the basis of sexual orientation.
On 29 November 2018, the Home Office published experimental statistics on Asylum claims made on the basis of sexual orientation, covering the period 2015 to 2017.
These experimental statistics provide data on asylum claims from 2015-2017, by year of application, initial decision, appeal receipt, or appeal decision
The experimental statistics can be found at:
https://www.gov.uk/government/statistics/immigration-statistics-year-ending-december-2018-data-tables
SOC_00: Applications, initial decisions, and appeals for main applicants, for whom sexual orientation formed a basis of their claim | |||
| 2015 | 2016 | 2017 |
Applications | 1,768 | 2,212 | 1,936 |
Initial decisions | 1,584 | 1,845 | 1,887 |
Of which: | |||
Grants | 620 | 497 | 423 |
Refusals | 964 | 1,348 | 1,464 |
Appeal lodged | 857 | 1,103 | 1,306 |
Appeals determined | 515 | 916 | 1,477 |
Of which: | |||
Allowed | 167 | 341 | 487 |
Dismissed | 324 | 553 | 951 |
These are the latest data available, and the next planned update to these statistics is in August 2019.
Data published in this release relate to the number of asylum claims made where sexual orientation formed part of the basis of the claim. 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.
The Home Office do not record data on asylum claims based on gender identity or expression. The option to record this data remains under review. Historically the number of gender identity-based asylum claims has been low.
The Home Office is developing dedicated policy guidance for caseworkers considering gender identity and expression (including intersex) issues raised as the basis of an asylum claim.
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, what steps his Department has taken to expediate asylum claims by LGBT+ people fleeing persecution in Chechnya.
Answered by Caroline Nokes
On 29 November 2018, the Home Office published statistics on asylum claims lodged on the basis or part basis of sexual orientation covering the period 2015 – 2017.
The statistics reflect the claims made by asylum applicants and do not reflect a confirmed sexual orientation basis for a claim. Some individuals applying for asylum may have less reason to mention sexual orientation when making a claim because it may not be a significant factor in their seeking asylum. Such nationalities would be undercounted in these statistics
The statistics can be found at: https://www.gov.uk/government/publications/immigration-statistics-year-ending-september-2018/experimental-statistics-asylum-claims-on-the-basis-of-sexual-orientation.
Chechnyan nationals cannot be identified separately in the data but would be included in the figure for Russia. For Russia, which may also include non Chechnyan nationals, six claims based on LGBT+ issues were received in 2016 and twelve in 2017.
As a signatory to the Refugee Convention, the UK fully considers all asylum claims lodged in the UK. We remain committed to improving the asylum pro-cess for those claiming asylum on the basis of their sexual or gender identity. In the case of considering sexual identity claims, we are confident that our re-vised guidance and dedicated training is thorough and ensures every sexual identity claim decision is scrutinised in depth, either by a senior case worker or Technical Specialist. We do not consider asylum claims lodged outside UK ter-ritory.
We recognise the continuing concerns of key partners domestically and inter-nationally, and we remain committed to continuing engagement with them on this issue
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 asylum claims his Department has received from LGBT+ people fleeing persecution in Chechnya in each year since 2015.
Answered by Caroline Nokes
On 29 November 2018, the Home Office published statistics on asylum claims lodged on the basis or part basis of sexual orientation covering the period 2015 – 2017.
The statistics reflect the claims made by asylum applicants and do not reflect a confirmed sexual orientation basis for a claim. Some individuals applying for asylum may have less reason to mention sexual orientation when making a claim because it may not be a significant factor in their seeking asylum. Such nationalities would be undercounted in these statistics
The statistics can be found at: https://www.gov.uk/government/publications/immigration-statistics-year-ending-september-2018/experimental-statistics-asylum-claims-on-the-basis-of-sexual-orientation.
Chechnyan nationals cannot be identified separately in the data but would be included in the figure for Russia. For Russia, which may also include non Chechnyan nationals, six claims based on LGBT+ issues were received in 2016 and twelve in 2017.
As a signatory to the Refugee Convention, the UK fully considers all asylum claims lodged in the UK. We remain committed to improving the asylum pro-cess for those claiming asylum on the basis of their sexual or gender identity. In the case of considering sexual identity claims, we are confident that our re-vised guidance and dedicated training is thorough and ensures every sexual identity claim decision is scrutinised in depth, either by a senior case worker or Technical Specialist. We do not consider asylum claims lodged outside UK ter-ritory.
We recognise the continuing concerns of key partners domestically and inter-nationally, and we remain committed to continuing engagement with them on this issue
Asked by: Catherine West (Labour - Hornsey and Wood Green)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether he or Ministers in his Department have met the hon. Member for Wells to discuss LGBT asylum cases.
Answered by Caroline Nokes
The Immigration Minister and the Home Secretary have met the Hon. Member for Wells in an informal capacity.
Asked by: Lord Judd (Labour - Life peer)
Question to the Home Office:
To ask Her Majesty's Government what action they are taking to ensure that LGBT people seeking asylum, who have experienced torture and forms of violence that may be difficult to disclose, have access to legal representatives who are allowed time and capacity to obtain the requisite evidence.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
All asylum claimants have the opportunity to be legally represented during their asylum claim, and legal aid funding is provided to those who need it.
In addition, Migrant Help is funded by the EU Asylum, Migration and Integration Fund and the Home Office to provide independent advice and guidance to assist those considering seeking asylum and those that have claimed asylum to move through and understand the asylum process. Migrant Help also run an asylum helpline and provide advice in a language that the asylum seeker speaks, that is free and accessible to all asylum seekers. This includes support for claimants who are seeking legal advice.
All asylum claims lodged in the UK are carefully considered on their individual merits against a background of relevant case law and up to date country information, which covers country specific issues relating to torture, gender based harm, including female genital mutilation (FGM), sexual exploitation, violence in conflict, domestic violence and those subject to violence relating to LGBT persecution. We ensure that claimants are given every opportunity to disclose information relevant to their claim before a decision is taken, even where that information may be sensitive or difficult to disclose.
Asked by: Lord Scriven (Liberal Democrat - Life peer)
Question to the Home Office:
To ask Her Majesty's Government how many people who claimed asylum on the basis of their sexual orientation or gender identity have been subject to enforced removal from the UK in the last 24 months; and of those removed, which countries they were returned to; and how many were returned to each country.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The Home Office recently published information on the number of people claiming asylum on the basis of sexual orientation. Unfortunately, specific information on the numbers removed and the country of removal is not currently published and could only be obtained by a manual check of each record. The overlying data can be found at:
https://www.gov.uk/government/statistics/asylum-claims-on-the-basis-of-sexual-orientation