| Confidentiality | Press/Media |

Findings
8.1 Many LGBT refugees have difficulties fitting into the existing definition of a ‘refugee ’ according to the Refugee Convention. Initially the main obstacle was the question of whether or not lesbians and gay men could be considered ‘members of a particular social group ’ for the purpose of this definition. This obstacle now appears to have been largely resolved in UK case law, but other difficulties remain. For example, the concept of ‘persecution ’ is usually interpreted as immediate actions undertaken at a particular moment by state agents. In many countries this form of persecution, often in the disguise of ‘prosecution ’, does take place. However, the type of discrimination and ‘persecution ’ LGBT people ((and women in particular) suffer is often accumulative and consists of prolonged discrimination and harassment in the private sphere. Case law is very unclear about how severe and prolonged discrimination would have to be before it amounted to ‘persecution ’ under the Refugee Convention or to ‘inhuman or degrading treatment ’ under the Human Rights Act.

8.2 In addition, when persecuted in the private sphere, that is by so-called ‘non-state agents ’, an asylum seeker will need to prove that the state is not ‘willing or able ’ to protect them. In practice, this means they would have to normally seek protection from the police and courts in their own country before claiming asylum abroad. However, in countries where homophobia is widespread, LGBT people will be extremely reluctant to go to the police to complain of a homophobic crime. Many LGBT refugees will therefore need to prove additionally that it was reasonable for them not to have first sought protection in their own country, which can be very difficult.

8.3 Those making decisions on asylum claims often do not believe that an asylum seeker is really LGBT. This is particularly the case when he or she comes out late in the procedure, for example after a first negative decision, authorities may claim that an asylum seeker is ‘making it up ’ to strengthen their case.

8.4 Sometimes legal representatives request reports from mental health providers to submit as expert evidence to the court in support of an asylum seeker ’s claim. It is difficult to use these reports to ‘prove ’ that someone is really lesbian, gay or bisexual, although this may be useful for transgender people. Usually, all that these reports can confirm is the state of a person ’s mental health according to a professional. This may include the professional ’s opinion that certain mental health problems are related to someone ’s sexual orientation or the persecution or ill treatment that they have suffered in the past. One LGBT mental health service provider indicated that guidelines on what these reports should contain would be useful.

8.5 Asylum decision-makers may also perceive the fact that someone is/was married; that she is/was otherwise engaged in a heterosexual relationship, or, that she has children as indications of heterosexuality. However, many Muslim women marry at a young age and have children, sometimes before they come out to themselves or to others as being lesbian, bisexual or transgender. One practitioner pointed out that some lesbian refugees have limited, or no, sexual experience and in these cases it can be very difficult to prove that she is lesbian and/or that she would be persecuted as such.

8.6 Sometimes asylum decision-makers argue that lesbians or gay men would not suffer any persecution if they would not be openly gay in their country. This ‘stay in the closet ’ argument is often supported with evidence that there are known ‘cruising areas ’ in the country of origin. This argumentation reduces the personal identity of LGB people to ‘being able to have sex with same-sex partners ’.

8.7 There is a lack of country information on the persecution of LGBT people in Muslim countries. Many national and international human rights groups and the media still consider this a taboo subject. Some groups, particularly religious groups such as some Muslim human rights groups, do not consider discrimination against LGBT people to be a human rights issue. They often state that gay rights are a ‘western concept ’. Other more sympathetic groups may still consider the persecution of LGBT people to be of less importance than other human rights abuses in their country. Local human rights groups also risk losing support, credibility, esteem and funding, or they may even be persecuted themselves, if they would take on LGBT rights issues. This lack of information complicates asylum claims when legal representatives cannot find sufficient objective country information to support their client ’s claim. For lesbians this ‘invisibility ’ is doubled by the general ‘invisibility ’ of problems facing women.

8.8 Most LGBT asylum seekers find it extremely difficult to come out to the Home Office interviewer, their legal representative and/or in the presence of an interpreter. This is particularly true if the legal representative or interpreter is Muslim themselves or from a Muslim cultural background. Those who did come out often had bad experiences. For example, one female Muslim asylum seeker came out to her male solicitor (who was also Muslim) and his immediate reaction was to ask her whether she thought she was a good Muslim. Another woman found that her male Muslim solicitor became unprofessionally interested in her sexual orientation. He asked her inappropriate questions and altered her asylum claim, describing details she had never told him and that had never occurred. She subsequently had to inform the Home Office that parts of the asylum claim as portrayed by her previous solicitor were not true, which was not only extremely embarrassing but could also potentially jeopardise her credibility and thereby her asylum claim.

8.9 Some LGBT asylum seekers were not able to speak about their sexual orientation or about what had happened to them, particularly if they were raped. This was often because of trauma, fear, self-hatred and other mental health issues. Many also considered their sexuality an extremely private matter. Because of the inability to speak out, some feel forced to invent other stories as to why they had fled their country.

8.10 Some asylum seekers did not realise that they could claim asylum on the basis of being persecuted because of their sexual orientation or gender identity. Some also had an asylum claim on other grounds and did not realise that their sexual orientation could also be relevant to their claim.

8.11 The problems in relation to housing, employment, education, mental health and social isolation that other Muslim LBT women in the UK may encounter, are often even worse for refugees because of their legal status, lack of knowledge about the country, language barriers and very limited financial resources.

• The issue of reconciling sexual orientation and gender identity with religion
• Understanding Muslim LBT women ’s experiences in the context of Muslim patriarchal communities
• Homophobia and heterosexism in wider society
• Socio--political developments causing Islamophobia

For Muslim LBT asylum seekers and immigrants these experiences are often made more difficult by legal obstacles and language barriers.

This section is a list of resources including social and legal services, interesting web sites and other useful information.

Although the Safra Project will do it's best to ensure only recommendable and inclusive organisations, service providers and groups are mentioned on our website, we can not take responsibility for the services offered or advice given by the contacts on these pages.

If you know of any other organisations or groups we should list, or if you would like to comment on any good or bad experiences you have had with the listed organisations, please contact us and let us know about your experiences.

Needs
8.12 There is a need for training, education and awareness raising amongst asylum decision makers, legal representatives, interpreters and others working with refugees to increase their understanding of the issues that (Muslim) LGBT asylum seekers face. This could include the development of ‘guidelines ’similar to the ‘gender guidelines ’

8.13 There should be more information sharing between legal practitioners, particularly on successful cases. This could be done through the creation of a LGBT refugee legal group and/or on- line information sharing.

8.14 Research of, and information provision on, objective country information on the treatment of LGBT people in countries of origin needs to be increased.

8.15 There is a need to improve and provide mental health care at an early stage and social outreaching for LGBT asylum seekers. This should also include the development of information on the preparation of expert reports to be used in court.

8.16 More research needs to be done into the legal and practical problems LGBT refugees encounter when claiming asylum.

8.17 A resource list for LGBT asylum seekers, signposting them to sensitive and good legal representatives, interpreters, refugee organisations, social groups and other useful contacts should be developed.

8.18 (LGBT) Service providers should always ensure that the refugee and/or immigrant perspective is taken into account when developing their services in areas such as housing, employment and social welfare.

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