I recently caught up with P.Trent Olsen, a PHD student at the University of Edinburgh conducting research based on Lesbian, Gay, Bisexual and Transgender (LGBT) people seeking asylum in the UK.
Rounding up the end of LGBT month, he provides insight into recent policy changes and his work – including the challenges he faces finding information about LGBT asylum seekers in the UK.
What is the topic of your research?
I am researching the recent changes in the asylum laws of the UK to now recognise that individuals facing persecution on the basis of their sexual orientation and gender identity are to be protected as refugees.
Sexual orientation and gender identity present a special challenge to the UK asylum system. British judges have had to interpret whether people identified as LGBTs persecuted on the basis of their sexuality are to be protected the same way that people persecuted because of their religion or political opinion.
Why are you interested in this topic?
LGBT asylum is an interesting topic to explore social changes in the UK and its recent recognition of asylum seekers from countries in which people identified as LGBT face social and economic exclusion, imprisonment and even execution.
Ethically I am drawn to the project because homophobic violence is on the rise in many countries such as Uganda, where it has coincided with a renewed push for criminalisation of consensual gay sex.
What is LGBT? And what has it got to do with refugee issues?
LGBT stands for Lesbian, Gay, Bisexual and Transgender persons. It is currently an important refugee issue because of the debates surrounding the definition of a refugee, what constitutes persecution, and the UK’s obligations to asylum seekers.
How easy is it to find information relating to LGBT asylum seekers?
There were no official UK Home Office statistics on the number of LGBT asylum applications and success rates. Recently, the UK committed to recording and reporting LGBT asylum statistics starting in the summer of 2011; I am not aware if there has been a detailed report published for the final quarters of last year. Solid information on the number of LGBT asylum seekers in the UK and Scotland is hard to come by.
Where does LGBT fit into the 1951 Refugee Convention’s definition of a refugee?
The 1951 Refugee Convention defines a refugee as a person who has “a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion.”
Recognition of LGBT asylum claims is typically rooted in the category ‘particular social group’.
A decision by the Supreme Court found that people fleeing persecution because of their sexual orientation should be offered protection. Can you explain what this decision was?
Before 2010, it was difficult for lesbian, gay, bisexual or transgender (LGBT) people to prove they met the criteria for claiming asylum in the UK. Previous judgements stipulated that if an LGBT asylum seeker concealed their sexual identity and behaviour, upon return to the country of origin they could avoid persecution.
However this opinion has recently changed and in the case of HJ (Iran) and HT (Cameroon) v Secretary of State for the Home Department [2010] UKSC 31, the Court emphasised the importance of identity and the previous idea that a homosexual asylum seeker can be expected to hide their sexual identity to avoid persecution was rejected.
What does this decision mean for people fleeing this type of persecution seeking asylum?
If evidence suggests LGBT people in their country of origin are likely to experience persecution if they live openly, they should be entitled to asylum in the UK.
Home Office policy has been changed to reflect the decision however, I do remain hesitant as it is yet to be seen how the decision in this case will transfer to practice.
It is important to remember that although barriers to applying for asylum on this basis have been removed, it does not mean that a person will necessarily be granted asylum in the UK.
