Sexual Orientation and

Gender Identity Claims of

Asylum
A European Human Rights Challenge

SOGICA was a research project funded by the European Research Council

(ERC) exploring the social and legal experiences of asylum seekers across
Europe claiming international protection on the basis of their sexual
orientation or gender identity (SOGI).

final recommendations as well: SOGICA project, ’30 Recommendations for

improving the lives of people claiming asylum on the basis of sexual
orientation or gender identity (SOGI) in the UK’, University of Sussex, July
2020.

The project formally ended in October 2020

UK politicians and officials frequently emphasise the country’s proud

history of supporting refugees while at the same time creating ‘a really
hostile environment for illegal migration’. 
Both sexual orientation and gender identity are protected characteristics
under the Equality Act 2010. But people continue to face discrimination,
harassment, disadvantage and inequality in the UK on the basis of their
SOGI,

2010 is the year that stands out: this was when the message to SOGI
asylum seekers changed from ‘go home and be discreet’ to ‘prove that you
are gay’ as a result of the Supreme Court ruling in HJ (Iran) and HT
(Cameroon) v. Secretary of State for the Home Department [2010] UKSC
31.

 number of the countries in the top ten for UK asylum claims are
also countries that criminalise homosexuality – for example, Iran,
Afghanistan and Sudan. SOGI asylum claimants who come from countries
that penalise SOGI minorities are also those who are most likely to be
detained and refused, including Nigeria and Pakistan. And there have
been alarm bells raised about the treatment of SOGI asylum claimants
detained, for example, the segregation of transgender detainees ‘for their
own protection’ and abuse of lesbian women.

or asylum seekers who are granted international protection, and as is the

case in Italy, there is no UK strategy for integration – however,
Scotland’s New Scots Refugee Integration Strategy sets out a vision for
supporting newly recognised refugees. SOGI refugees are likely to have
particular need for support, as they may find it difficult to access migrant
and refugee community groups in the same way as other individuals for
fear of prejudice. And they will also be vulnerable to homophobia in the
wider society, like any other member of a SOGI minority.
NO SAFE REFUGE Experiences of LGBT asylum seekers in detention

Research with the UK Lesbian & Gay Immigration Group (UKLGIG) on the experiences of
LGBT asylum seekers in British detention centres.

Report in 2016

Immigration detention is not appropriate for LGBT asylum seekers. Detention severely compromises
their safety, health and ability to fairly pursue a legal claim. Measures must be taken to ensure that in
the exceptional circumstance that an LGBT asylum seeker is placed in detention, their safety is
ensured and urgent release prioritised.

• The Home Office should end the detention of LGBT asylum seekers.

• Asylum claims made by LGBT people should not be determined via the use of detained or
accelerated procedures. It is widely acknowledged that LGBT asylum claims are inherently complex
and cannot be fairly processed in this way.

• The Home Office should develop and implement alternatives to detention as a matter of priority,
drawing on international best practice.

• Solitary confinement is not an appropriate way to ensure the safety and protection of LGBT people
and should be prohibited.

• All staff working in immigration removal centres (IRC) should be trained to identify and tackle
homophobia, biphobia and transphobia. The Home Office should ensure that privately contracted
firms that run IRCs also provide clear guidance and training procedures to staff that homophobic,
biphobic and transphobic discrimination and abuse are unacceptable.

• All individuals held in immigration detention should have access to free, good quality legal advice.
• An upper time limit of 28 days on all immigration detention should be introduced.

• The Home Office must prioritise improving the standard of decision-making in LGBT claims to
ensure applicants are respected and protected.