Asylum Seekers Support Work
UK Lesbian & Gay Immigration Group began in 1993, as Stonewall Immigration
Group, when there was no provision in UK immigration rules to allow a
foreign person to live in the UK with their same sex partner and no
provision allowing people to claim asylum on the grounds that they feared or
experienced persecution because of their sexual orientation. Our service is
based in London but we provide assistance to anyone who telephones our
helpline, emails us or attends our meetings.
During the years that the group has been providing immigration support,
information and advice to the lesbian and gay community, we have had
enormous success. We achieved the first legal equality of any sort for gay
men and lesbians in the UK with the creation of the Unmarried Partners Rule.
This precedent is considered to have had a vital influence on the consequent
development of the Civil Partnership Act, and we provided major input into
the immigration section of the Act.
As the area of need within our community changes from same‑sex couples, who
now have immigration equality with heterosexuals, to those persecuted
because of their sexuality, we continue to use our experience, expertise,
reputation and skills to promote human rights and eliminate discrimination
through the provision of support to lesbians and gay men seeking asylum.
The work to support lesbian and asylum seekers began when, as a result of
increasingly frequent contacts from asylum seekers and their solicitors, we
became more aware of a worrying lack of support for this group. Our
solicitor volunteers, amongst whom the top 5 immigration firms in London are
represented, were experiencing similarly increased demands for help.
We support those seeking asylum due to fear of persecution on the grounds of
their sexual orientation by:
- raising awareness amongst asylum seekers of the issues and the assistance
that is available;
- providing the opportunity for regular meetings with each other to combat
isolation, to foster both a sense of community and a sense of safety and to
integrate into the lesbian and gay communities in the U.K;
- providing independent, quality legal information and advice on immigration
issues;
- providing an information sharing facility for those working with lesbian
and gay asylum seekers;
- creating a resource of information on those countries where persecution of
lesbians and gay men exists.
For more information please see our latest
annual
report
MEETINGS - Next
meeting Tuesday Sept 23rd.
The meetings may be a vital first point of contact for those who have not
yet made an asylum application, who have a real fear of persecution if they
return home. We will explore issues such as what an asylum claim based on
sexuality involves, how to access good quality representation, what
constitutes a fresh claim etc.
UKLGIG volunteer lawyers will begin with presentations on key themes and
there will be an open discussion, providing an invaluable opportunity for
information sharing and mutual support.
More here
Meetings are now held monthly. Please watch the website for
upcoming meeting
dates or contact our
, if possible with a mobile number,
to register for email/text alerts.
Location:
32-36 Loman Street
Southwark
London SE1 0EH
Nearest Tube: Southwark, Jubilee line.
Map
The Legal Services Commission has severely cut funds for asylum work,
resulting in far fewer solicitors accepting publicly funded asylum cases. In
addition, there are even fewer solicitors with specialised knowledge of the
specific issues for gay men and lesbians. This shortage of good quality
solicitors with Legal Service Contracts makes it extremely difficult for
lesbian and gay asylum seekers to find suitable solicitors to represent
them.
In order to tackle this problem, in February 2006, we set up a rota of legal
aid solicitors, with experience in representing lesbian and gay asylum
seekers, who are willing to volunteer their time to assess cases and to take
referrals from us. Since the rota began, we have referred hundreds people to
these solicitors. As awareness of this service grows, more and more lesbian
and gay asylum seekers are requesting referral through the rota. Many of
these cases are extremely difficult, having reached various stages in the
legal system without ever having had an opportunity to present their cases
properly. This referral system is providing a crucial lifeline to people,
some of who would otherwise be deported from detention in the UK. We
continue to develop the rota by persuading more solicitors to join.
We have also expanded the helpline, e-mail service and website to include
more information and support for lesbian and gay asylum seekers.
Legal Aid funding limits
We hear of many asylum applicants who are left without legal representation
after a refusal or a failed appeal. It is true that a solicitor is unlikely
to apply for further funding from the legal services commission unless
he/she considers the case has a good chance of success. It is, however,
recognised that the asylum applicant should have a right to a second opinion
and there is, therefore, a procedure to appeal against the decision by a
solicitor not to continue with a case. Solicitors have an obligation to
advise their clients of this procedure for appeal, but too many do not do
so.
As part of the project we have begun the time‑consuming and painstaking
process of carrying out the research required to provide this evidence, and
for this we are depending on a small team of volunteers.
Currently many solicitors must do this research on an ad hoc basis and
frequently do not have the time or funds necessary. In many cases asylum
seekers themselves, often whilst in need of physical and mental health
support, are forced to attempt this research.
The country information gathered is made available to solicitors who, if
working under the constraints of legal aid funding, often do not have the
resources to conduct in depth research on a case-by-case basis.
The group is becoming known as the main point of contact both for lesbian
and gay asylum seekers and for solicitors and barristers requiring expert
information to represent them.
A further aim of the research is to improve the quality of Home Office
Country Information Reports. It is these reports that Home Office
caseworkers and judges use when deciding whether an asylum seeker is, in
their opinion, at risk and they often fail to mention lesbian and gay issues
at all. We are developing an on‑going dialogue with the Home Office and are
pleased to be gradually building a relationship where our expertise is well
regarded and as a result, some of the research we provide is now being
included in their reports.
In November 2006 we were granted observer status on the
independent Advisory Panel on Country Information (APCI), established to review and
provide advice to the Secretary of State about the country of origin
information material produced by the Home Office – this is a recognition of
our reputation and expertise in the immigration field.
Since the government introduced the fast track system in April 2007, many
more of the asylum seekers who contact us are in detention. Every week we
receive up to 10 calls asking for support from lesbian and gay asylum
seekers in detention.
When detained in the UK they are extremely vulnerable, often having already
been abused, tortured or raped. If perceived to be gay or lesbian they
suffer abuse, harassment or assault from fellow detainees and if they are
not obviously gay, they are unable to be honest about their reason for
claiming asylum for fear of abuse. They also face barriers in accessing
legal support in general, and specifically from solicitors with expertise in
lesbian and gay claims.
Lesbians and gay men who, with our assistance, have successfully claimed
asylum, have urged us to provide more support to those in detention centres. Currently, 40% of our users are in
detention and 7 out of 10 calls for help are from people in detention. In
addition, most of our users are detained for some length of time while they
claim asylum.
Very few organisations provide support to asylum seekers in detention and
until now there has been no organisation responding to the specific needs of
detained lesbian and gay asylum seekers. To fill this gap UKLGIG has set up
a team of volunteers who visit LGBT asylum seekers in detention centres
twice a month and carry out country research to support their asylum claims.
This project will give them a chance to safely discuss their claim and
access expert support and information.
Press release
Victims of torture
It is important to emphasise that if an asylum applicant alleges they have
been tortured, and they are accepted for assessment by the Medical
Foundation for the care of victims of torture, they should not be
detained and their asylum claim should not be fast-tracked (or it will be
withdrawn from the fast-track system).
There are several routes by which a torture survivor might arrive at the MF.
Those who have recently fled to Britain are likely to be referred by one of
three main front-line agencies that try to smooth the path for new asylum
seekers - the Refugee Council, the Refugee Arrivals Project or Migrant
Helpline, each of which liaises closely with members of the MF's Early
Intervention Team, which identifies those needing dedicated help.
The team also sees those who refer themselves. Doctors, community mental
health teams and refugee community organisations also refer cases.
Immigration lawyers send asylum applicants who, to support their claim, need
documentation, by way of an official medico-legal report, of the torture
they have suffered, and its lasting effects.
We have produced a course entitled ‘Asylum On The Grounds Of Sexual
Orientation’ which, in partnership with the Immigration Law Practitioners’
Association (ILPA), we deliver to immigration solicitors. The course has
received much acclaim from participants.
In conjunction with ILPA we are also producing sexual orientation and gender
identity guidelines. These are similar to the gender guidelines that have
been adopted by the Home Office and by the wide range of practitioners in the
immigration world. Alongside this development, we have also begun training
immigration judges on issues of sexuality.
Our work with immigration judges and our on‑going dialogue with the Home
Office has the potential to have significant influence and impact on policy.
The work we began in 1993 on immigration for people in same‑sex
relationships led to an understanding that our aims could only be achieved
within the broader aim of lesbians and gay men achieving equality in the UK.
Similarly, the work with asylum seekers has led to an understanding that a
broader aim is also required. In the long term, the group aims to:
- Strengthen ongoing relationships with the International Lesbian and Gay
Association, International Gay and Lesbian Human Rights Commission and other
overseas groups, including NGOs such as Amnesty International and others in
Europe;
and with the support of LGBT groups in their own countries:
- Help change negative attitudes towards lesbians and gay men in other
countries;
- Be involved in action opposing overseas persecution and torture of gay men
and lesbians;
- Influence decision‑makers in other countries on lesbian and
gay issues, and encourage the British government to support
this.
[See "Tackling homophobia
overseas", speech by Ian McCartney, MP]
Please note that we are not able to respond in person to your
asylum queries if you are not in the UK already. See here for more
information about the UK asylum system and
procedure.
If you have not claimed asylum yet, please contact:
Jill Power, Asylum Seekers Support Coordinator
Tel: 020 7654 0686
NB. Jill works 3 days a week on different days. If you can’t speak to her
please leave a message or send an email and she will get back to you as soon
as possible.
If you have already claimed asylum, please contact:
Sebastian Rocca,
Executive Director
Tel: 020 7922 7812 (please see
helpline opening times)
Back to Top |
