Gay Asylum in UK: How To Make a Claim

Overview

Firstly, and perhaps most importantly, all asylum seekers in the UK are required to provide personal testimony as evidence of their situation in their home countries.

Often the most compelling piece of evidence, the Home Office will thoroughly examine your personal testimony when making a decision on your eligibility to become a refugee and a decision on your asylum claim is likely to be made based upon its merit. Secondly, you should, where possible, try to prove the points you make in your personal testimony with supporting documents.

Personal Testimony

Your personal testimony is your chance to explain your reasons for seeking asylum in the UK. The UK’s legal framework regarding asylum seekers allows the Home Office to make decisions on asylum cases based on the validity of the applicant’s narrative and therefore it should be highly detailed and consistent. It would be best if you built as strong a case as possible to be successful in gaining refugee status.

You could start by explaining how your identity within the LGBT community was formed and differs from cultural norms in your home country. You should then go on to explain the persecution-based reasons for your asylum claim.

You should demonstrate how belonging to a particular social group (in this instance LGBT) or, how your private life puts you at real risk of ill-treatment and how this challenges your human rights. You should highlight precisely the kind of persecution you will face if you were to return to your home country and how you have zero protection there against it.

You should list in detail any instances where you have already suffered degrading treatment because of your sexuality or gender identity and/or why you have such fear that this kind of persecution is likely to happen or continue should you return. You could explain how your nationality, or the religion or political opinion of the majority in your home country, puts you at real risk and goes against your fundamental human rights.

Documents

The supporting evidence required by the Home Office for asylum claims varies greatly from case to case. There are no rigid rules about what should be included and the documentation needed to prove your cause is just, is dependent on your personal circumstances and experiences. Each supporting document you can provide may help strengthen your asylum claim, and perhaps give you a better chance of being successful.

Some general examples of what may be accepted by the Home Office as supporting evidence can be found below:

Proof of Same-Sex Relationships

If you are gay, lesbian or bisexual, it is a good idea where possible, to provide evidence of any previous or current same-sex relationships to prove your homosexuality. This does not include proof of sexual acts, but rather correspondence between you and your current/previous partners to show that your relationships are/were genuine.

Medical Reports

If you have previously been attacked because of your sexuality or gender identity and you received hospital or medical treatment afterwards, it is useful to include any medical reports in your application. Medical reports help strengthen the validity of your claim as they provide the Home Office with hard evidence of persecution.

Witness Statements

If you have been on the receiving end of persecution or discrimination and there were witnesses to the incident, it is wise to try and obtain statements from those witnesses to strengthen your asylum case. Witness statements are useful as they help validate your story and help prove that you are being honest in your asylum application.

Media

It is possible to use media clips, news articles or information from human rights organisations that show the kind of discrimination LGBT or intersex people face in their home countries. Information from the media about the discrimination you may face helps to prove that your fears are valid and well-founded. To stress this point, you could look for stories about people who have been in similar circumstances to yourself and use them as evidence that your government are unwilling or unable to protect you against significant harm.

Overview

To apply for asylum in the UK you must first be present in the country. Once on British soil, you can then begin the application process of gaining refugee status. It is worth noting that there are various charities and organisations within the UK that can help you find accommodation whilst you are seeking asylum.

In line with the Home Office policy, to register an asylum claim, you must first visit The Asylum Screening Unit in Croydon (South London). It is only in very exceptional circumstances that you can register your asylum claim locally and so the likelihood is that you may have to travel to begin the process.

You can either make an appointment at the screening unit or use the walk-in service to register your claim. If you use the walk-in service you will probably have a lengthy wait to be seen so making an appointment if you can do so is in your best interests. The process involves two formal asylum interviews in which you must be physically present. It is worth noting that the Home Office does have the right to detain you at this stage. If this happens you will be given a letter explaining the reasons why.

Asylum Interview 1 (Initial)

When you arrive at the unit, you will first go through a screening process in which you will speak to an immigration officer. You must tell them:

• Your full name (who you are)
• Nationality
• Language
• Religion
• Sexual orientation or gender identity
• How you arrived in the UK
• Basic information about the reasons for your asylum claim

Asylum Interview 2 (Substantial)

The second interview is your opportunity to put forward your asylum case. It is here that you will present your personal testimony and supporting documents to an immigration officer. You should give them as much detail as possible to underline your main points and make your asylum claim credible. The whole process can take up to 4 hours.