This decision will alter the way by which tribunals consider asylum claims by lesbian, gay, bisexual and transgender people (LGBT). Previously, tribunals could take the view that protection for LGBT individuals could be secured if they chose to adopt discreet, secret lifestyles.
This was wrong.
It was wrong because the sexuality of applicants, in some cases, was already common knowledge. But it was also morally wrong because no one should be denied the right of freedom of association and expression because of their sexuality.
The last Labour government did grant asylum to individuals on the basis of their sexuality. But, like all governments, they had to deal with the validity of the claims submitted. This week’s ruling will not change that and all applications will still need to be dealt with on a case by case basis.
As a former chair of Stonewall, NEC member and an MEP, I have raised LGBT asylum claims with numerous Tory and Labour home secretaries over a twenty year period. The problem for home secretaries throughout that time has always remained the same. However much a progressive home secretary (yes there have been some) may want to do the right thing, they have always had to look over their shoulder and see the headlines in the rightwing press.
Today’s (Thursday) Daily Express headline is a perfect example (“NOW ASYLUM IF YOU’RE GAY – they must be free to go to Kylie concerts and drink multi-coloured cocktails, says judge”). The presumption in the article is that LGBT people should not be given asylum.
I believe that there exists a compelling case for international recognition of a claims test. Such a test needs to be robust enough to identify genuine claims, but it must also recognise that NO ONE should be returned to a country where they face intimidating and degrading treatment and where human rights are denied.
Sadly, my hopes for such a system to be implemented within the UK remain diminished whilst sections of the media continue to peddle misinformation and harbour and encourage prejudice.
you even sent home people who were dying of HIV Aid and cancer to ensure you tried to get the creeps back from the BNP in your search for votes. I and other wrote letters to stop a women from Cardiff who’s visa had run out, she had cancer more then likely caught here, and needed our help, but brown sent her home saying it was a home office plan nothing to do with me, six weeks later she was dead, her kids are here. New labour should hang it’s head in shame , Brown is already nobody has seen him thankfully