LGBTQ+ refugee non-profit responds to claims of migrants ‘posing as gay’ to seek asylum

An undercover BBC investigation claims that legal advisors have been helping migrants ‘pose as gay’ to gain asylum in the UK. Micro Rainbow, the leading UK non-profit providing safe housing, integration and social inclusion support for LGBTQI refugees and asylum seekers, with housing in London, the North West and the West Midlands, has issued a statement responding to the BBC article which they say is “deeply misleading and risks harming those genuinely fleeing persecution.”

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The BBC’s major undercover investigation reports that “migrants whose visas are due to run out are being given fake cover stories and instructed in how to obtain fabricated evidence, including supporting letters, photographs and medical reports.

“They then apply for asylum claiming to be gay and in fear for their lives if they return to Pakistan or Bangladesh.”

In response to the BBC’s findings the Home Office said: "Anyone found trying to exploit the system will face the full force of the law, including removal from the UK."

The UK's asylum process offers protection to people who can't return to their home countries because they would be in danger, which includes countries where homosexuality is illegal or in some cases punishable by death. According to Erasing 76Crimes – a news site focused on the human toll of countries with anti-LGBTI laws – a total of 65 nations still have laws against homosexuality.

In their statement, Micro Rainbow explains that “isolated case[s] should not obscure the reality for LGBTQI asylum seekers" who "face immense challenges when claiming asylum."

They continue: “The suggestion that large numbers of people are falsely claiming asylum on the basis of sexual orientation or gender identity is deeply misleading and risks harming those genuinely fleeing persecution. The article focuses on an isolated case of illegal advice, and proposes many people are making fraudulent claims. We know that this is not the case, and the Home Office has previously been forced to confirm this after Suella Braveman’s claims that many cases based on sexual orientation are fraudulent.

“What is true is that LGBTQI people are currently criminalised in 65 countries globally, with 12 countries having jurisdictions which allow the death penalty for consensual same sex acts. Every year, LGBTQI people are forced to flee their countries to escape violence, harassment and persecution, with only 2% of asylum claims in the UK on the basis of being LGB. There are currently no safe routes for LGBTQI people to come to the UK to claim asylum.

“LGBTQI asylum seekers in the UK then must ‘prove’ their sexuality to the Home Office if they claim on this basis. Many have their claims rejected because this ‘burden of proof’ is impossible to uphold. They are asked to document past relationships, show evidence of participation in LGBTQI events and culture, and much more while also demonstrating that they fit the Home Office’s often extremely narrow interpretation of LGBTQI identity.”

Micro Rainbow close their statement by adding: “Framing this issue around an exceptional case of illegal advice and wrongdoing ignores the overwhelming evidence that Micro Rainbow sees every day: that LGBTQI people seeking asylum face real, well documented risks of violence, detention and death in their home countries. This fuels stigma and will sow mistrust of LGBTQI people seeking safety in the UK, while undermining an asylum system that is already under significant pressure.”