Rainbow Migration responds to today’s government enforcement action
BY RAINBOW MIGRATION, IMAGE BY PEXELS/CANVA
Immigration Enforcement has issued a press release saying they made three arrests this morning. This follows a raid on an alleged network accused of charging people for fraudulent evidence to support asylum claims based on sexual orientation. We condemn any attempts to commit fraud. At the same time, we strongly condemn this government’s decision to stage a small and isolated yet widely broadcast enforcement action, and inviting the BBC to film the raid, around a case that doesn’t reflect the difficult reality for the overwhelming majority of people who are fleeing persecution because of their sexual orientation or gender identity.
Almost 70 countries criminalise same-sex relations, some with the death penalty. The UK government itself recognises that in Bangladesh same-sex sexual activity between men is criminalised, which is used to arrest, harass and extort individuals based on their sexual orientation, and that in the country in general, LGBTIA+ people are likely to face a real risk of persecution or serious harm.
We work with LGBTQI+ people who have fled life-threatening situations and are hoping to rebuild their lives in safety here by claiming asylum. However, they have to navigate an asylum system that is hostile and complex, and are required to “prove” their sexual orientation or gender identity to complete strangers. Many have spent much of their lives hiding or denying who they are to avoid violence.
We recently supported an LGBTQIA+ man from Bangladesh who spoke about how difficult it was to speak about his sexual orientation, and felt unable to talk to the Home Office about this as part of his asylum claim due to fear, shame and trauma. He described enduring physical violence for being suspected of being gay when he was a teenager in Bangladesh. He was also too scared to disclose his sexual orientation in his main asylum interview for fear that the Bengali interpreter might out him to his community. It was only following the refusal of his initial claim and the threats from his family that he felt he had to speak openly about his sexual orientation. This is very common for the people that we support, who have spent much of their lives hiding or denying who they are.
A lesbian woman from Bangladesh whom we supported and who was granted refugee protection told us about her incredibly poor mental health. When we first met her, she was too ashamed to voice her sexual orientation. She had been living in the country for many years without claiming asylum and was a victim of trafficking.
The UK government’s most recent data release shows that only around 2% of all asylum claims included sexual orientation as a reason for needing protection, and it is already the case that LGBTQIA+ people must face a well-founded fear of persecution to qualify for refugee protection in the UK.
Any attempts to fabricate evidence are unacceptable, but they are also a symptom of an asylum system that is complex, difficult to navigate and can push people into following exploitative and poor advice by bad actors who claim they can help.
Instead of incendiary press releases on an isolated enforcement action against three individuals that stigmatise, reinforce harmful stereotypes and cause real harm to communities that are already marginalised, the government should take steps to address the many issues in the asylum system and ensure that people fleeing persecution are treated with dignity and compassion. This includes repealing the last government’s Nationality and Borders Act that made it harder for all refugees to prove they need protection, simplifying a needlessly complex asylum and immigration system, and reinstating pre-austerity levels of legal aid.
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