How Britain is failing our asylum seekers

Homosexuality remains illegal in 70 countries and is punishable by death in seven.

news.PinkPaper.com
Tuesday, 9 February 2010
5 September 2008
Homosexuality remains illegal in 70 countries and is punishable by death in seven.

State-level and social persecution is widespread in most of these territories, which deftly explains why 6,595 people applied for UK asylum in the first quarter of 2008. Hundreds of whom were gay.

For many, the Home Office’s decision is a matter of life or death. Now, in light of numerous high-profile cases such as Davis Mac-Iyalla and JoJo Jako Jacob, debate is reaching a new fever pitch - with queer applicants firmly in the spotlight.

But this is just the tip of an issue which currently divides Britain.

Earlier this month, a protest about the treatment of queer asylum seekers rocked the Dover Immigration Centre, which handles hundreds of refugee cases each year.

Activists called for an end of deportations to at-risk areas, plus recognition that gays face particular danger in certain countries. But did anybody listen?

Such activism corresponds directly to the lack of support received by queer migrants, yet there’s also a flip side. Domestic attitudes to asylum seekers are considered unsympathetic, especially as political blunders and a sluggish system means thousands of hopefuls enter the country illegally. The repercussions of which are many - for both the UK and the individuals seeking safety.

Prossy Kakooza is one of those individuals.

As previously reported in the Pink Paper, the 26-year-old fled Uganda after suffering sexual, physical and verbal attacks because of her sexuality.

Her asylum application has been refused by the Home Office, despite acknowledging that she was raped by Ugandan officials, but they’ve dismissed these incidents as “the random actions of individuals”, and claim she can safely return to a different town in the region - despite homosexuality being punishable by life imprisonment there.

Jennifer Preston, one of Kakooza’s supporters, told Pink Paper: “If Prossy is sent back, she faces the continuing threat of incarceration, and further attacks - which next time may be fatal. Prossy is a highly educated woman who can be a productive member of society. She has a right not to be raped, attacked, or murdered.”

An online petition to save her, which has garnered thousands of signatures and been posted on the 10 Downing Street website, calls for compulsory training for staff on sexual orientation, instruction to judges that homophobia is a legitimate ground for asylum, and for legal aid to be significantly increased.

As a result, a senior Immigration Judge recently dismissed her previous tribunal ruling as “a mess”. and offered Kakooza a new appeal, which will be heard in Manchester’s Immigration Court tomorrow.

But this is just one u-turn amongst thousands.

In recent editions of the Pink Paper, we highlighted the plights of other gay asylum seekers such as Mehdi Kazemi, who’s former boyfriend was executed after naming him as his partner, and Syria’s Jo-Jo Jako Jacob, who was sensationally offered £46 to return home.

The chance that all applications are genuine is unlikely, but they do suggest the need for a new approach.

When Pink Paper asked the Home Office if judges received training on how to handle gay cases, they explained that they do judges - but nothing substantially queer-specific, which means influential people are making decisions in the dark. And these decisions can be explosive.

Sebastian Rocca, Director of the UK Lesbian and Gay Immigration Group, has dealt with almost 200 queer asylum seekers this year. He told us: “90 per cent will experience detention at some stage. Detention centres are like prisons. If they’re perceived to be gay, they risk harassment by fellow detainees.”

Human rights activist Peter Tatchell agrees that change is vital if the system is to work
fairly. “Putting pressure on the government obviously works. Look at Davis Mac-Iyalla, the gay Nigerian preacher who was arrested and incarcerated in Cambridge’s Oakington detention centre. After protests and outrage he was released within a week, and then granted asylum in record time,” he said. “I would urge everyone to sign regardless of political persuasion or allegiance. It’s important to maintain pressure to stop the homophobic bias in the Government.”

“After the barracking that Harriet Harman got at London Pride over the government’s abuse of LGBT asylum seekers, she’s invited me to submit my reform proposals for her consideration, which I have. Hopefully the government will consider this an impetus for change.”

And he has a point. Harman did get a lukewarm reception at Pride, and the government has a patchy record on asylum - whether that be poor holding conditions or the failure to deport fraudulent applicants. So what else can be done?

South East England Green Party MEP Caroline Lucas thinks that one of the biggest barriers for candidates is the internal culture of the Home Office.

She told Pink Paper: “The Home Office has made great strides in recent years to eliminate racism, but it’s no exaggeration to say that institutional homophobia remains rife. It really is time the government started treating LGBT asylum seekers in accordance with our international legal obligations, and with some humanity and dignity.”

However, a spokeswoman for the Home Office was adamant that the asylum process was already fair. “We take into account every factor when processing applications for asylum.

LGBT needs are given exactly the same amount of importance as other needs and we have
already given instructions that homophobia is legitimate grounds for an application. Quite often you will find that the Home Office has already put things in motion, and timing will make it look different. We are committed to providing protection for all.”

The question is, protection from what? Our system needs to be decisive but compassionate. Fair, but firm. Not bound by homophobia. That’s what people need protection from.
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