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Human rights lawyer: ‘LGBT asylum seekers feel pressured to film sex to prove their sexuality’

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  1. This is outrageous! Would the Border Agency ask for proof that someone is heterosexual? Any official who is caught demanding this kind of proof should be sacked immediately

    1. Sadly this only affects gay or bisexual asylum-seekers as no-one claims asylum on the grounds of being heterosexual, for obvious reasons. Yet again, a few bogus claimants have ruined it for all the genuine ones. There have been cases of failed asylum seekers claiming to be gay because they think it’s an easy way in – ie who can say they’re not.

      The answer is a fair, sensible and humane way to deal with people seeking asylum on grounds of sexuality which does the necessary checks but also maintains the claimants’ dignity.

      I can’t believe the UKBA doesn’t have guidance on this. Or do they leave it down to the individual to decide what proof to show??

      1. ‘… Yet again, a few bogus claimants have ruined it for all the genuine ones..’

        Yes, like few bogus rape victims ruined it for all genuine one

  2. I wonder if any staff assessing these claims are actually gay or bisexual? If it’s just straight people trying to assess whether someone’s gay or not, then how do we know whether some of them *really* understand the sexuality they’re supposed to be checking for?

    Aren’t there any guidelines regarding HOW someone’s supposed to prove their sexuality?

  3. The problem doesn’t seem to stop with the UKBA. It’s also encountered in the Immigration Tribunal. There is guidance issued to Judges which addresses the needs of minority groups, including those of the LGBT community but it doesn’t, probably because it can’t, say anything about this particular situation. The cruel irony here is that the more vulnerable you are in the country that you’re fleeing from the less likely you are to be able to prove that you’re gay. I don’t have an answer but agree that it should not be necessary to degrade someone in order to establish their legitimacy. Applying for asylum is, after all, not a crime.

  4. ADDENDUM
    If you Google the barister in the story, S Chelvan, you’ll get a glimpse of the work that he does and the efforts that go into improving the situation for LGBT asylum seekers. It’s clearly a matter of more education being needed and of challenging the decisions that are made but that depends in turn in the quantity and quality of representation and how it’s funded.

    1. Thank you, Michael. I’ll google him later as you suggest.

  5. So UK’s Home Office its not better then Turkish army

  6. Honestly I have dear friends in the country who were subject to massive invasion of privacy in their intimate relationship before they were allowed to live here together.
    End the intollerance now.

    1. At the very least as a citizen of this community that I had subjected my friends through this perverse behaviour through my countries backward attitude at them I am ashamed. V V V FXXK YOU PARLIMENT!

  7. So are you all suggesting that we open the immigration doors to anyone who arrives on our shores and says “I am gay let me in”. I am not suggesting in any way that genuine refugees (especially gay refugees) should not be allowed to claim asylum and safety here, but, I am just asking how we should do things differently to ensure that those who are genuine are distinguished from those who are not (I personally would hate to be in the position of having to decide)?

    1. You identify the difficulty well. Making decisions in respect of asylum applications at the official and the judicial level is extremely difficult especially when the application is made on the basis if an assertion that is very hard to prove. Getting it wrong can have disastrous, even fatal, consequences for the applicant but there will be cases where we do get it wrong at even the highest judicial levels. That’s why we have specialist advocates and, thankfully, recourse to the ECHR.

  8. Hmm, it’s an interesting one. If I were asked to provide evidence that would prove that I was gay, I’m not sure I could do it. I’ve never had a sexual relationship, so I couldn’t call witnesses, and I don’t go to gay venues. I suppose I could show them my Gaydar profile or commenting history here on Pink News, but would that be enough? The books of poetry I’ve written about my beloved over the years? My internet search history…?

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