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Sexual Borders: Does the UK adequately protect LGBTQIA+ Asylum Seekers from persecution?

Categories: Publications

Sexual Borders: Does the UK Adequately Protect People Seeking Asylum based on Risk of Persecution relating to Sexual or Gender Identity or Expression?

by Cynthia Orchard, Legal Policy Officer.

Around the world, members of the LGBTQIA+ community are persecuted because of their sexual and gender identity and expression. Often the target of killings, sexual and gender-based violence, physical attacks, torture, and arbitrary detention, approximately 6% of persons who seek international protection in the UK do so for reasons relating to their sexual identity.

This policy briefing addresses issues relating to asylum applications in the UK by persons who fear persecution relating to their sexual or gender identity or expression. We make the following key recommendations:

  1. The Home Office should consult with stakeholders and revise the Asylum Policy Instruction relating to sexual identity.
  2. The Home Office should examine the reasons for high success rates on appeal for applicants claiming asylum based on sexual identity from some countries and use this analysis to improve initial decision-making.
  3. The Home Office should improve and expand the Second Pair of Eyes monitoring process and invite external monitoring to reduce errors in initial decision-making in cases involving sexual or gender identity or expression.

Download the full briefing here.