There is something wrong with the asylum process for LGBTQ+ people – but it’s not fake claimants |
An undercover investigation by BBC News has found evidence of people falsely claiming to be gay to gain asylum in the UK. The findings are concerning. But rather than assume this means all asylum applicants are lying, it’s worth asking why people might be drawn to this route.
There is good reason for the UK and other countries to offer refuge to LGBTQ asylum seekers. Extensive evidence from organisations such as Human Rights Watch and UNHCR shows that LGBTQ people in countries like Pakistan and Bangladesh face imprisonment, family and community violence, police harassment and so-called honour-based abuse. This is precisely why sexual orientation is recognised as a basis for protection in international refugee law.
Sexual orientation claims make up a very small proportion of overall asylum applications. Only 2% of all asylum claims made in 2023 included sexual orientation as part of the reasoning.
Proving to the Home Office that someone is LGBTQ isn’t an easy feat. The BBC investigation repeats an adviser’s claim that “there is no check-up”. In reality, the Home Office conducts an intensive refugee status determination process. This involves two interviews, and places the burden of proof on the claimant to show that they require protection from........