The UDHR states that everyone has the right to seek and to enjoy asylum.

APPLYING FOR ASYLUM AS A REFUGEE

1.  What is a 'refugee'? What is 'asylum'?

2. Is it possible to qualify as a refugee on the grounds of persecution I will face because of my sexual orientation?

3. What do I need to show to qualify as a refugee on the grounds of my sexual orientation? 

4. How do I make an application for asylum? 

5. What information do I need to produce to apply successfully for asylum? 

6. Should I consult a lawyer if I am applying for asylum? 

7. What is my status in the United Kingdom while my application is pending? 

8. What happens if my application is refused? 

9. What happens if my application is successful? 

 

What is a 'refugee'? What is 'asylum'?
If you are in the UK and fear returning to your home country because of persecution which you would face there; you may qualify as a 'refugee'. If you are granted refugee status in the UK, you will receive indefinite leave to remain in this country (permanent residence).
In order to qualify as a refugee, you would need to convince the authorities that you meet the definition of 'refugee' set out in the UN Convention Relating to the Status of Refugees. Under that definition, you have to demonstrate that you are a person who has a "well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion" in your country of nationality or your former country of residence. 
The protection given to a recognised refugee is called 'asylum'. Asylum means that the UK agrees not to send you back to a country where you face such persecution.

Is it possible to qualify as a refugee on the grounds of persecution I will face because of my sexual orientation?
For a long time, the Home Office resisted the idea that gay men and lesbians who faced persecution in their home country because of their sexual orientation should be recognised as refugees. Happily, in a decision taken in March 1999, the House of Lords decided that gay men and lesbians who would face persecution in their home country constitute a 'social group' and, therefore, should qualify as refugees. The Home Office has accepted this decision in principle although it remains reluctant to recognise gay men and lesbians as refugees because of their sexuality.
The decision of the House of Lords can also be interpreted to mean that individuals who are HIV positive and face persecution because of their health status may also be recognised as refugees. 

What do I need to show to qualify as a refugee on the grounds of my sexual orientation? 
You need to show that there is a reasonable degree of likelihood that if you were returned to your home country you would face serious harm because your are a gay man or lesbian. Serious harm must come from either the government authorities or other sections of the population from which the government is either unable or unwilling to protect you. 
Serious harm would include the possibility of extra-judicial execution, physical violence, torture and denial of liberty. It may also include very serious discrimination. Prosecution for consensual same sex acts may of itself amount to persecution. 
There is a large amount of case law on the meaning of the phrase 'persecution'. You should be aware that, unfortunately, the Home Office remains reluctant to recognise gay men and lesbians as refugees on the basis of their sexuality. Only a handful of cases have been successful thus far in the UK, and most of those were initially refused by the Home Office but were subsequently won on appeal. 
In deciding whether or not to apply for asylum, you should take into account the fact that the vast majority of applications for asylum are refused. This is not easy route to remain in the UK and an application for asylum should not be made unless you have a genuine fear of persecution. 

How do I make an application for asylum? 
If you are already in the UK, you can make the application by writing to the Home Office or by attending the Asylum Screening Unit at the Home Office in Croydon. It is very important that, before doing so, you contact a lawyer specialising in asylum law to assist you since you may be interviewed in depth about your fear of persecution soon after you apply or given a questionnaire which needs to be filled out very quickly. 
If you are outside the UK, you can apply for asylum on arrival at any port. While, in principle, it is possible to apply for asylum at a British Embassy or High Commission, such applications are invariably unsuccessful. 

What information do I need to produce to apply successfully for asylum? 
You will be required to give a detailed statement about why you fear being persecuted. You will need to give details about any persecution that you have suffered in the past. If you have not suffered persecution in the past, you must explain why you believe that you will be persecuted in the future. You should be in a position to provide objective information from human rights organisations or the press or other sources showing that the kind of persecution you describe does in fact occur in your home country. 
The Home Office has access to information about what is happening in all countries of the world. They will form their own view as to whether your fear is well founded. It will, however, help your case if you can submit evidence to show that your fear of persecution is real and that other gay men and lesbians in your position have been persecuted. Home Office overview of Asylum Rules 

Should I consult a lawyer if I am applying for asylum? 
Yes, in order to ensure that your case is properly presented, it is essential to consult a lawyer who specialises in asylum law and who, preferably, has represented gay or lesbian asylum seekers before. If at all possible, you should consult the lawyer before applying for political asylum. Asylum law is a complex area of law.

What is my status in the United Kingdom while my application is pending? 
An answer to this question will depend on your status at the time of applying and your lawyer will be in the best position to advise you. Generally speaking, however, those seeking asylum in the United Kingdom will be given the right to work six months after they have made their application. If they are in need, applicants will be entitled to some assistance with respect to food and housing. 

What happens if my application is refused? 
You will have the right of appeal to a Special Adjudicator who is a judge operating independently of the Home Office. Many successful cases are resolved only at this point. 
Sometimes, even if the Home Office decides to refuse an application for refugee status, the Home Office decides to grant the individual 'exceptional leave to remain' in the United Kingdom. This is a status which initially gives you four years' leave (i.e. permission) to remain in the United Kingdom and, at the end of the four-year period, you would be granted indefinite leave. 

What happens if my application is successful? 
You will be granted permanent residence in the UK. You will be entitled to apply for a UN refugee travel document and you will also be entitled to work, study and claim benefits in the UK in the same way as a UK citizen. You will also be entitled to apply in due course for British nationality. 

Some Useful Links:

 1. HUMAN RIGHTS - White Paper
 2.  Rights Brought Home: The Human Rights Bill
 3.  Home Office
 4.  1951 UN Convention relating to the Status of Refugees
 6.  Immigration and Asylum White Paper
 7.  Immigration and Asylum Act 1999
 8.  Asylum applications - a brief guide to procedures in the UK
 9.  Appeals Procedure
10. Getting Advice on Immigration Matters
11. Amnesty International

Source: Stonewall Immigration Group.

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3.20 Copyright (C) 2007 Alain Georgette / Copyright (C) 2006 Frantisek Hliva. All rights reserved."