Over Not Out: The housing and homelessness issues specifc to lesbian, gay, bisexual and transgender...

8/4/2019 Over Not Out: The housing and homelessness issues specifc to lesbian, gay, bisexual and transgender asylum seekers

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The housing and homelessness

issues specifc to lesbian, gay,

bisexual and transgenderasylum seekers

May 2009

Over Not Out

Executive summary andpolicy recommendations


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Metropolitan Support Trust 2009

Foreword

2

One o Reugee Supports key objectives is to provide quality housing and support services to reugees and asylum seekers that aresensitive to their needs and assists with their settlement and integration. While we ull that objective in a number o dierent ways,at the heart o our work is a commitment to understand some o the key issues acing reugees and asylum seekers so that we areable to tailor our services, making them appropriate to their individual and collective needs.

In July 2008, the Research and Consultancy Unit at Reugee Support identied a signicant research gap on the issues acinglesbian, gay, bisexual and transgender (LGBT) reugees and asylum seekers. Over Not Out is the rst comprehensive study on thehousing and homelessness issues acing LGBT asylum seekers. The analysis demonstrates that LGBT asylum seekers ace multiple

disadvantages because o their status, sexual orientation or gender identity.

The policy recommendations that we have identied are helpul in shaping our own services, in particular; diversity training in thisarea or all sta as part o their induction and personal development; condential reporting mechanisms or LGBT asylum seekerswho may experience harassment and a commitment to listen to and act upon the eedback our service users provide. We at ReugeeSupport look orward to working in partnership with other stakeholders as we develop a strategy to progress this work. Togetherusing our knowledge, skills and expertise, we can bring about change to urther develop services to support LGBT asylum seekers.

On behal o Reugee Support I would like to thank everyone or their contributions. I am grateul to all who took part in theresearch and know that their experiences will contribute a great deal to our understanding o the issues acing LGBT asylum seekers.

I am particularly grateul to Joyce Gould who has kindly supported this research project and sponsored our launch at the House oLords. I would also extend my thanks to Michael Bell (Practice Director) at Michael Bell Associates and his team o researchers, IainEasdon and Cole Hanson, including the community researchers: Melissa Gojikian, Youse Gojikian, Elzbieta Jezowska, Bisi Olonisakinand Brenda Wade or undertaking this research. Ahmad Youso, volunteer at the RCU has provided invaluable administrative supportor this project. The project steering group had a pinnacle role to play in driving this research orward. My sincere thanks goes toPaul Birtill, Charlotte Keeble and Sarah Walker rom Reugee Support, Heather Hutchings rom Amnesty International, Bob Green

rom Stonewall Housing and particular thanks goes to Sebastian Rocca and Florence Kizza rom the United Kingdom Lesbian andGay Immigration Group, who not only sat on the steering group but also provided meeting room acilities and identied researchparticipants who took part in this research.

The ull report is available as download only and can be accessed rom the Reugee Support website at:

www.reugeesupport.org.uk/researchandconsultancy.html

Please reer to the glossary o terms or a comprehensive list o all denitions.

Barbara Roche,

Chair o Metropolitan Support Trust


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Foreword 2

Acknowledgements 4

Executive summary 5

1 Background to the research 5

2 Context 6

3 Challenges and recommendations 8

Appendices 19

4 Glossary o terms 19

5 Commissioners and researchers 23

6 Research project steering group members 24

Contents

Over Not OutThe housing and homelessness issues specifc to lesbian,

gay, bisexual and transgender asylum seekers

3www.reugeesupport.org.uk


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4

The authors would like to acknowledge support and input rom the steering group who oversaw the report andresearch process as well as Dr Charlotte Keeble and sta at Reugee Support (RS)/Metropolitan Support Trust (MST).

We would also like to thank the stakeholders working in the provision o support, legal and housing services,

community members and organisations who gave us their time.

Additionally we would like to extend many thanks to Baroness Gould or graciously presiding over the launch o this

research in the House o Lords.

Most importantly we would like to thank the Lesbian, Gay, Bisexual and Transgender asylum seekers or the time they

have given to this research.

This research has been undertaken by a team at Michael Bell Associates comprising:

Permanent sta

Michael Bell

Iain Easden

Cole Hansen

Community researchers

Melissa Gojikian

Youse Gojikian

Elzbieta Jezowska

Bisi Olonisakin

Brenda Wade

Acknowlegements


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Executive summary

1. Background to the research

Reugee Support (RS)/Metropolitan Support Trust (MST) is one o the countrys leading providers o housing andsupport or reugees and asylum seekers. In the Autumn o 2008 the Research and Consultancy Unit at RS/MST

commissioned Michael Bell Associates to undertake ground breaking research into the housing and homelessness issues

specic to lesbian, gay, bisexual and transgender (LGBT) asylum seekers, with particular reerence to those living in and

returning to London. A key aim o the RCU is to undertake and commission research that will benet reugees, asylum

seekers and migrant populations.

The aims o this research were ourold:

The research was undertaken in three phases:

Phase One Project Inception the activities included: working with the steering group; a desk-based review oevidence; drating o the interview schedule and developing the sample rame; and arranging a stakeholder meeting o key

community organisations rom both the LGBT community and the reugee sector.

Phase Two the second phase o the research ocussed on undertaking the eldwork, including: recruiting and training

community researchers drawn rom LGBT communities and principal reugee ethnic groups; undertaking 40 ace-to-

ace interviews with LGBT asylum seekers; and data-inputting and analysis o the interviews based upon the taped and

transcribed interviews.

Phase Three This nal phase ocused on rening the ndings and developing recommendations. The key activitiesincluded: preparation o a consultative document with key emerging ndings; a hal day co-operative enquiry workshop

or the steering group and key stakeholders to test and rene the ndings and develop practice-based recommendations

or the uture; and urther interviews with 19 stakeholders.


to increase knowledge and understanding o the issues and barriers LGBT asylum seekers ace with regards to

accommodation and homelessness in London;

to identiy potential causal relationships between housing and homelessness and health/well being, personal saety,

alcohol and substance misuse;

to provide evidence to help develop more eective ways o responding to the housing/accommodation needs o

LGBT asylum seekers in London; and

to produce robust policy recommendations.


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This report has rearmed the view o RS/MST that, to date, there has been little research into issues relating to lesbian,

gay, bisexual and transgender asylum seekers. This research provides the rst substantial insight into their lives and

experiences, but should only be seen as a starting point or urther study rather than a comprehensive picture o their

background, lives, needs and aspirations. In line with the research brie, its ocus is primarily on housing issues, however,

some o the inormation included addresses the interrelated relationship between housing and health, saety, legal advice,

support networks etc.

Little is known about the total number o LGBT asylum seekers currently in the country or those arriving each month.

Whilst this report includes a conservative estimation o numbers, these are no substitute or the systematic gathering

o data. Researchers have provided an even more cautious estimate o the number o transgender asylum seekers, and

whilst numbers may be small, these individuals have a range o unmet needs that are exacerbated by their transgender

identity.

In many other research reports the experience o all asylum seekers refects what has been termed rough justice.

Access to legal advice can be problematic, the quality o accommodation poor with the experience o detention and/

or dispersal uncomortable and challenging. These ndings suggest that LGBT asylum seekers not only experience these

problems, but their sexuality or gender identity can add signicantly to the problems they ace adding layers o multiple

disadvantage arguably more acute than or other asylum seekers.

For many asylum seekers there are now a rich variety o support organisations particularly in the voluntary and

community sectors in all parts o the country. Although these services may be underresourced, they provide a warm

Key fndings2. Context

A sample rame was developed to assist in the identication o interviewees to refect LGBT asylum seeker populations.

This sample rame included a larger number o gay and bisexual men than lesbians or bisexual women in order to refect

the greater number o men in the overall reugee and asylum seeking population.

The research project culminated in a ull report and executive summary. Both documents are downloadable rom the

Reugee Support website at http://www.reugeesupport.org.uk/researchandconsultancy.html

Report structure

Whilst section one has provided the background inormation regarding the commissioning o the research and research

methodology, section two identies the key ndings o this research project. Section three provides key challenges and

recommendations and section our, the appendices, includes a glossary o terms.


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and welcoming environment or asylum seekers and are a vital lieline or many. LGBT asylum seekers too oten eel

excluded rom such services and ear (or experience) discrimination and harassment rom their own ethnic and national

communities, adding to the challenges they ace. Reugee Community Organisations (RCOs), in particular can perpetuate

negative attitudes rom their home countries to LGBT asylum seekers. Faith based organisations; both Christian and

Muslim may also perpetuate these negative attitudes and prejudices. For Reugee Support Organisations (RSOs) it is

sometimes assumed that LGBT issues are marginal given their lack o data on numbers on LGBT service users.

Similarly, amilies and kinship networks can oten be great sources o support and comort or many asylum seekers as

they can counter the social isolation o dispersal, and are oten a key resource in the provision o accommodation and

other material support. But too oten, or LGBT asylum seekers, these networks are hostile to issues relating to sexuality

or transgender identity, urther adding to a sense o isolation and a lack o support.

This study indicates that LGBT asylum seekers have initially sought assistance rom larger generic LGBT community

organisations and most have had some access to the commercial LGBT sector. The experience o LGBT asylum seekersat the hands o LGBT organisations has not always been welcoming and their experience o the commercial sector has

oten been one o exclusion because o their lack o nances and the sometimes racist attitudes o people who requent

them. Support has instead come rom relatively new and under or un-resourced organisations who combine a ocus on

LGBT and asylum or ethnic identity issues. Most, although not all, o these groups are in London making access hugely

problematic or many asylum seekers who are dispersed to parts o the country where no such groups exist. Even within

London, because such groups are generally under or un-resourced, knowledge o them comes by word o mouth and

many interviewees spend considerable amounts o time isolated and unsupported beore nding these groups.

Such exclusion and isolation inevitably increases the vulnerability o LGBT asylum seekers with many dependent upon thekindness o strangers and casual acquaintances. Young men appeared to be particularly vulnerable to sexual exploitation

rom casual partners with some engaging in sex work as a means o survival.

In considering the views o LGBT asylum seekers to both RCOs and RSOs, this research draws an analogy with the

barriers aced by women attempting to access these services 15-20 years ago. Typically, services were designed around

the men running them and because there were ewer reugee women, their needs were deemed as marginal. Since that

time there has been a transormation o services or reugee women and their role in delivering and leading organisations

has substantially improved. Such a transormation is required to address the needs o LGBT asylum seekers.

The ollowing sections summarise key ndings and suggested recommendations or changes in policy and practice that

may alleviate the specic hardship suered by LGBT asylum seekers.



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3 Challenges and recommendations

The ollowing inormation is drawn rom sections 3 and 4 o the main research report. Here we highlight

key challenges and recommendations.

3.1. Estimating numbers o LGBT asylum seekersToo little is known about the numbers or prole o LGBT asylum seekers in the UK. Using standard

government approaches to the UK population it is estimated that somewhere in the region o 1,200 and

1,800 lesbian, gay and bisexual asylum seekers arrived in the UK in 2008. This is equivalent to 100 to 150

lesbian, gay and bisexual asylum seekers each month. There are no recognised methods o calculating the

size o the transgendered population, however, the report provides a crude methodology in this area and

estimates that the numbers o transgendered people arriving each month is 2 -3, or around 20 to 30 peryear. These approaches may under-estimate the numbers o LGBT asylum seekers arriving in the UK.

The United Kingdom Border Agency (UKBA) does not gather statistics on sexual orientation at asylum

screening interviews and does not collate inormation on claims or asylum based on sexual orientation

or transgender identity. Similarly, whilst we appreciate the constraints on monitoring sexuality in reugee

support and reugee community organisations the absence o data may urther add to the marginalisation

o these communities.

R1

R2

R3

The Home Ofce should collate and publish data on the number, chosen gender, age and

country o origin o those claiming asylum on the basis o sexuality or gender identity.

The UKBA should add questions on sexuality and gender identity to their screening inter-

views. The monitoring categories developed or this work should be replicated with housing

and other service providers to ensure the comparability o data.

The Home Ofce should ensure that data gathered on sexuality and gender identity by

country o origin is made available to their colleagues in the Foreign & Commonwealth O-fce (FCO). This data should be used by the FCO in developing its country human rights pro-

fles and in inorming the ethical dimension to oreign policy. As with other areas o human

rights in developing countries, this data should be used to inorm government aid policy

through the Department or International Development (DID) and its agencies.


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3.2. Securing appropriate advice and legal support or LGBT

asylum seekersAs with most asylum seekers the majority o LGBT asylum seekers identied the most pressing issue is the

resolution o their asylum claim. Access to appropriate legal advice that is able to support a claim on the

basis o sexuality or gender identity is particularly problematic. Changes to the commissioning regime or

legal services rom 2010 may exacerbate this problem.

R4 Accessibility to specialist immigration advice or LGBT asylum seekers needs to be

expanded. To achieve this: Further support should be provided to specialist providers such as the UK Lesbian & Gay

Immigration Group (UKLGIG)

In developing the commissioning strategy and the detailed specication for contracts

or generic immigration legal advisers working with LGBT asylum seekers the Legal Service

Commission should include requirements in relation to providers undertaking appropriate

training in sexuality and gender identity issues such as that provided by the Immigration

Law Practitioners Group (ILPA) or that proposed by Adviceuk. Training requirements

should not only include legal advisers but other sta involved in the legal process,

including interpreters. National providers such as the Immigration Advisory Service and Refugee Legal Centre

should establish reerral protocols with and commission training support rom specialist

providers such as UKLGIG to ensure access to appropriate and sensitive legal advice.

www.reugeesupport.org.uk


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3.3 The Home Ofce attitude to LGBT asylum claims

As noted, no data is collated or published nationally on the number o claims rom LGBT asylum seekersor the percentage granted asylum on the basis o sexuality. A number o interviewees came rom so-

called white list countries1. Whilst the Home Oce does not operate a ormal white list the 2002

Nationality, Immigration & Asylum Act does not make provision or maintenance o a list o countries to

be designated or non-suspensive appeals. There are countries that the Home Oce deem as broadly

sae even though anecdotal evidence and our interviewees testimonies describe cultures o extreme

anti-LGBT prejudice. In the Autumn o 2008 the Home Oce undertook an analysis o the coverage o

LGBT issues through the Advisory Panel on Country Inormation (APCI)2 and is currently implementing the

ndings rom this report.

R5

R6

The Home Ofce should continue to develop its country o origin inormation reports to

improve reporting on the social sanctions as well as any legal sanctions against LGBT people

in line with ACPI report. The Home Ofce should assure itsel that it has sufcient experts

to advise on the situation acing LGBT people in countries o origin and expand its range o

advisers i necessary.

The Home Ofce should review guidance to case owners on the evidence base required in

determining both the sexuality or gender identity o asylum claimants and the assessment

o risks they ace in their country o origin. United Nations High Commissioner or Reugees

(UNHCR) guidance on claims relating to sexual orientation and gender identity should be

the starting point or this guidance and this states sel identifcation as LGBT should be

taken as an indication o the individuals sexual orientation. Guidance on sensitivities

o handling LGBT asylum claims is needed. As a minimum all UKBA case owners and

interpreters used by UKBA should undertake diversity training that includes tackling

homophobia and transphobia. Ideally this should be extended to all involved in the

asylum decision making process including tribunal chairs, judges etc. This training needsto underline the dierences between lesbian, gay, bisexual and transgender experiences,

The burden o proo required by LGBT asylum seekers in relation to their claim acts as a urther drive tothe isolation o claimants rom their ethnic or national compatriots. Similarly, evidence o participation in

the commercial gay scene is oten required o asylum claimants yet the cost o such participation and the

lack o welcome to asylum seekers in the commercial gay scene may militate against such participation.

Lesbians with children ace specic challenges in proving that they are lesbians and as such at risk in their

country o origin.


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3.4. AccommodationSome interviewees identied that they had abandoned UKBA accommodation due to intolerable levels o

homophobia and the ailure o landlords to tackle this. This has been treated as voluntary abandonment

and means that thereater they are denied access to urther accommodation services.

R7

R8

R9

R10

The UKBA should review and refne the guidance and contractual requirements imposed on

landlords providing accommodation to ensure that LGBT residents are sae and can live lives

ree rom homophobic or transphobic harassment. This should include ensuring that LGBT

asylum seekers have access to well publicised, sae and confdential reporting mechanisms.

Landlords providing such accommodation should ensure that all policies and procedures

promote LGBT inclusion and that all sta (managers and ront-line sta) undertake

appropriate training o the sort provided by Stonewall Housing that includes identiying and

tackling homophobia and transphobia.

Landlords should consider sub-contracting the management o a proportion o their asylum

accommodation to appropriate bodies that can provide more sympathetic support to LGBT

asylum seekers.

Local Authorities should work regionally (e.g. across London) and work with regional bodies,

such as the Greater London Authority and national agencies such as the Homes andCommunities Agency to develop appropriate accommodation or LGBT reugees.


particularly where this has developed outside a Western environment and within a

homophobic culture. The development o this guidance should include advice or caseowners on appropriate enquiries and interview techniques to use during the asylum process

or LGBT asylum claims.


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In some cases interviewees reported that the UKBA or its landlords have been unsympathetic to

complaints o harassment suered due to homophobia or transphobia. Such harassment has been

suered at the hands o other tenants or rom neighbours. It should be noted that or the interviewees

they not only suered intolerable levels o harassment but as a result o such harassment let UKBA

accommodation and were thereater denied access to urther accommodation services.

3.5. DetentionTwenty percent o respondents had spent some time in detention acilities. Whilst many asylum seekers

complain about conditions, again the experience o LGBT asylum seekers highlights additional concerns

with respondents experiencing bullying, abuse and harassment by other detainees and detention acility

sta due to their sexual/ gender identity.

R11

R12

R13

R14

The Home Ofce should review and develop mandatory guidance, with clear procedures or

all UKBA sta in dealing with homophobic and transphobic harassment.

A code o practice should be developed or UKBA landlords which includes dealingappropriately with claims o homophobic or transphobic harassment. Compliance with this

code o practice should orm part o the landlords contract with UKBA.

The Home Ofce should ensure that detention acility sta are governed by comprehensive

policies and procedures and are adequately trained to provide a service that is sensitive to

the needs o LGBT asylum seekers, including the risk o harassment and domestic abuse

at the hands o other detainees. Detention centre sta should be reminded that bullying

or abusive behaviour o any detainees will not be tolerated and will result in disciplinary

action.

LGBT asylum seekers in detention should be clearly advised that they should not tolerate

bullying or abusive behaviour rom other detainees or rom detention centre sta. Asylum

seekers should be given inormation on how to report acts o abusive behaviour and advised

on what action may be taken to protect them.


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3.6. The pull o London

A signicant number o intervieweeshad been dispersed outside Londonbut 50 per cent o those moved backto London to counter isolation and tobe closer to riends. The absence o LGBTcommunity resources in many places was citedas a key reason or this drit back to London.Alongside London there were other places, such asManchester, seen as an alternative city that oered a

range o LGBT resources accessible to asylum seekers.

R15

R16

Decisions on the dispersal o LGBT asylum seekers

should not be based solely on the capacity o the

region to take their percentage o asylum seekers.

UKBA should consider the development o guidance

to ensure that LGBT asylum seekers are dispersed to

parts o the country such as Manchester where there is

a vibrant and welcoming LGBT host community. Similar

guidance may be appropriate to inorm dispersal or

other vulnerable groups o asylum seekers.

UKBA accommodation providers should seek to develop

accommodation resources or LGBT asylum seekers

in parts o cities where host communities are more

tolerant or welcoming o LGBT people or where support

and management networks are in place to managehomophobic or transphobic harassment.



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3.7. Exploitation

A number o respondents reported both nancial and sexual exploitation. This included having toundertake unpaid work to maintain their accommodation and in some cases eeling obligated to perorm

sexual avours in return or ood or accommodation. Young men were more vulnerable than women to

both nancial and sexual exploitation. As with many other asylum seekers, their immigration status can

make them reluctant to report problems to the authorities.

3.8. Health87.5 per cent o interviewees registered with GPs and most reported that their GP was aware o theirsexuality. This high incidence o LGBT asylum seekers registered with a GP is a direct consequence o

the signposting provided by other services they have accessed. The majority o the sample (92.5 per

cent) were service users o LGBT, Black, Asian, Minority Ethnic groups (BAME), and reugee support

organisations.

As with other asylum seekers, LGBT asylum seekers reported physical ill health caused by poor

accommodation and poor mental health as the main health-related issues. A higher risk o HIV due

to unsae sex practices was reported by a ew individuals, including those engaging in sex work wherebareback sex (sex without condoms) commands a premium ee.

Whilst access to primary care was available, reerral or secondary care including access to counselling and

psychological therapies was denied in line with Department o Health guidance.

R17

R18

R19

The provision o better support to stay in UKBA accommodation and access to other

support services or young gay men in particular would reduce this vulnerability.

Further consideration o the risk o exploitation and greater levels o vulnerability or LGBT

asylum seekers by the Equality and Human Rights Commission should be sought.

Funding or projects to support male and transgender asylum seekers at risk o, or involved

in sex work should be encouraged.


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3.9. SaetyIn spite o high levels o name calling and abuse reported by large numbers o respondents, most elt they

were sae in their neighbourhoods. There was concern amongst stakeholders that LGBT asylum seekers

may be earul o reporting any incidents because they are araid o negatively impacting on their asylum

claim and/or they may not identiy their experiences as hate crime because the violence they are feeing

can seem so much worse that it does not register as something that could be reported.

Within the sample group at least one lesbian was subject to attempted gang rape because o her sexuality.

R20

R21

R22

The Department o Health should undertake urther examination o access to some

secondary care or asylum seekers, particularly counselling/psychological therapies.

The current expansion o these services through the Improving Access to Psychological

Therapies (IAPT) programme, led by primary care trusts provides a potential opportunity or

targeted support to LGBT asylum seekers.

HIV prevention programmes targeted at gay and bisexual men should examine ways in

which they could better target their services toward LGBT asylum seekers at risk o sexual

exploitation and/or participating in unsae sex. Such services should also consider providing

outreach services, including ree condoms to residents o UKBA accommodation and

through LGBT asylum seeker organisations.

Third party reporting centres or hate-crime should be encouraged to develop awareness

and support programmes or LGBT asylum seekers to ensure that they are aware o their

rights to saety and the recourse they have. Provision should acknowledge the heightened

risk aced o sexual assault aced by lesbians identifed in other research such as Galops

Filling the Blanks.



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R23

R24

R25

R26

R27

R28

Agencies providing community development services to RCOs need to take a more robust

and challenging attitude to LGBT issues. This should be modelled on the work done by

similar agencies in challenging sexism 15 years ago.

Reugee Support and other organisations supporting reugees and asylum seekers need to

ensure that all senior managers, ront line sta and volunteers undertake diversity training

specifcally relating to the barriers and needs o LGBT clients. This should be mandatorytraining orming part o their induction and personal development. They should also

examine ways o measuring both service up take by LGBT asylum seekers and the LGBT

service users views o services provided.

Public and charitable unders should provide more support and challenge RCOs in respect o

the accessibility o their organisations to LGBT people.

Public and charitable unders should be encouraged to provide support and resources toLGBT asylum groups. Such unding should encourage volunteering and sel-help rom within

these communities.

Councils or Voluntary Service and other third sector networks should develop support and

networking opportunities or mainstream LGBT organisations to develop their links with

smaller LGBT asylum seeker groups.

LGBT voluntary and community organisations need training and unding to increase

capacity to meet the needs o asylum seekers.

3.10. Support networks

The research identies that LGBT asylum seekers are more likely to eel cut o rom their amilies, otendue to homophobic and transphobic attitudes. Similarly, most o the interviewees elt cut o rom their

own ethnic and national networks with ew using RCOs. There were mixed stories o support rom RSOs.

LGBT organisations ocusing on BAME communities were seen as the most supportive. There were high

levels o activism and volunteering by LGBT asylum seekers in the latter.

Most LGBT asylum seekers make some use o the commercial gay scene, not least because this is seen as

a way o enhancing their asylum application. However, many have not always ound that they are welcome

due to their ethnic or racial appearance. There were mixed views amongst stakeholders about the degree

to which asylum seekers should be urther encouraged to make use o the gay commercial scene.


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R29

R30

R31

LGBT community organisations, as part o their commitment to developing more asylum-

responsive services should seek to include asylum seekers in events and where applicable

undertake planning with commercial LGBT venues. This could include promoting social

events at non commercial LGBT venues and occasional ree nights at commercial venues to

address the fnancial disadvantage aced by asylum seekers.

This research should be seen as the starting point or urther studies. There is a need

or urther research to explore the needs o LGBT reugee and asylum seekers, including

potentially more hidden and excluded sub-communities, such as unaccompanied asylum

seeking children and young people leaving care.

The dierent asylum experiences or LGBT asylum seekers highlighted in this report need to

be explored in relation to its impact upon integration or those granted asylum.

3.11. Other issuesAs noted at the start o this section, this report represents the rst substantial insight into the lives and

experiences o LGBT asylum seekers. It is however a starting point. The ollowing recommendations

provide suggestions or uture studies.



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3.12. Table o recommendations by Target audience

This section provides a brie table o recommendations by target audience.

Recommendation number

4, 19, 25, 26, 27, 28, 30, 31

23, 27, 28

20, 21

13, 14

3

22

21

1, 2, 3, 5, 6, 7, 11,12, 13, 15, 16, 17, 19, 30, 31

4

4

28, 29

8, 9, 10

23, 24

30, 31

Target audience

Charitable Trusts

Department o Health/Primary Care Trusts

Detention Centres

Hate Crime Third Party Reporting Centres

Home Oce/UKBA

Immigration law providers

Legal Service Commission

Councils or Voluntary Service/

Third Sector networking organisations

Foreign & Commonwealth Oce/

Department or International Development

HIV Prevention Programmes

(Providers and Commissioners)

LGBT Community organisations

and commercial venues

Local Authorities/ London Councils/ Greater

Manchester AuthoritiesReugee Support Organisations/

Community development providers

Research organisations and

research commissioners


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Appendices

4. Glossary o terms

Asylum is protection given by a country to someone who has fed persecution in their own country.

Asylum Process is the legal process asylum seekers must go through as the UK Border Agency (see

below) assesses their application or asylum and includes asylum screening, Home Oce asylum interviews

and appeals. Successul applicants are granted Reugee Status and given Leave to Remain in the UK, initially

or 5 years3. Unsuccessul applicants are expected to return to their country o origin, or in some cases are

allowed to appeal their ailed asylum claim.

In the UK, asylum seekers are dened as those who have fed their own country and lodged an

application or protection on the basis o the Reugee Convention 4 and are awaiting a decision. Until a

request or asylum has been granted, the person is reerred to as an asylum seeker.

Asylum support, also reerred to as UKBA support, is a orm o support provided by the UK Border

Agency (see below) to asylum seekers and consists o accommodation and /or subsistence support. I

they have additional care needs, due to chronic illness or disability, asylum seekers may also be eligible or

support rom their local authority.

BAME (Black, Asian and minority ethnic) reers to those in black, Asian or minority ethnic groups.BME reers to Black and Minority Ethnic groups and is the language most oten used within the equalities

eld. The London Development Agency and all related bodies use the acronym BAME.

Bisexual is an individual who is physically, romantically, emotionally and/or spiritually

attracted to men and women. Bisexuals need not have had equal sexual experience with both men and

women; in act, they need not have had any sexual experience at all to identiy as bisexual.

A case owner is the person who deals with every aspect o a persons application or asylum, rom

beginning to end. Asylum seekers who make an application will be allocated to a case owner within a ewdays o making their application or asylum. The case owner is the single point o contact on the progress

o an application, both or the asylum seeker and or anyone who represents them, such as a lawyer or

other adviser.



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Detention Centre - in some cases, asylum seekers may be detained in UKBA secure centres. Asylum

seekers may be detained i they do not make regular contact with their case owner, ail to carry identity

documents to meetings with their case owners, and or any other reason that leads the UKBA to believe

the applicant may be at risk o breaking o contact or going underground.

Dispersal is an asylum policy which came into orce when the Immigration and Asylum Act 1999

introduced new measures to transer newly arrived asylum seekers rom London and the South East

to other parts o the country. Since April 2000, unless there are exceptional circumstances, asylum

seekers who qualiy or asylum support and who need both subsistence and accommodation are oered

accommodation outside London and the Southeast.

Gay - this is an adjective used to describe people whose enduring physical, romantic, emotional and/or

spiritual attractions are to people o the same sex (e.g., gay man, gay people). In contemporary contexts,

lesbian (n.) is oten a preerred term or women.

Gender Identity is ones internal, personal sense o being a man or a woman (or a boy or girl). For

transgender people, their birth-assigned sex and their own internal sense

o gender identity do not match.

Indefnite leave to remain (ILR) - i ater the ve year qualiying period a reugee is granted continuingstatus (s)he is given indenite leave to remain. This is a orm o immigration status given by the Home

Oce. Indenite leave to remain (ILR) is also called permanent residence or settled status as it gives

permission to stay in the UK on a permanent basis.

Lesbian is a woman whose enduring physical, romantic, emotional and/or spiritual attraction is to

other women.

LGBT is an abbreviation used to describe people who dene themselves as lesbian, gay, bisexual, and/

or transgender. LGBT is a sel-reerential category that people may use to describe their sexuality and/or gender identity.

The National Asylum Support Service (NASS) was created by the 1999 Asylum and Immigration

Act and charged with deciding which asylum seekers were eligible or state benets such as asylum support

accommodation and income support, providing these benets, and dispersing asylum seekers rom London

and the South East. In 2006 NASS ceased to exist as a directorate and its asylum support unctions were

eventually taken over by the newly ormed UK Border Agency in April 2008 (see below or UKBA).


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Reugee - the term reugee has a strict legal denition set out in the Reugee Convention (see below)

meaning a person who owing to a well-ounded ear o being prosecuted or reasons o race, religion,

nationality, membership o a particular social group, or political opinion, is outside the country o his

nationality, and is unable to or, owing to such ear, is unwilling to avail himsel o the protection o that

country.

Reugee Community Organisations (RCOs) are organisations rooted within, and supported by,

the ethnic or national reugee/asylum seeker communities they servethese RCOs are established by the

reugees and asylum seekers themselves.5

Reugee Convention means the 1951 United Nations Convention Relating to the Status o Reugeesand its 1967 Protocol. This is the key legal document dening who is a reugee, their rights and the legal

obligations o states. Originally drated as a temporary way o dealing with the large number o displaced

persons in Europe ater the Second World War, the 1967 Protocol expanded the Convention to non-

Europeans and removed the temporal limitation.

Reugee Status is a orm o immigration status awarded to someone the Home Oce recognises as a

reugee as described in the Reugee Convention. Since September 2005 individuals awarded reugee

status are no longer granted indenite leave to remain in the country, as they were prior to this date.

Instead, reugees are now granted a limited period o ve years leave to remain ater which their cases willbe reviewed to determine whether or not they are still in need o protection, and thus able to remain in

the UK.

Reugee Support Organisations/Reugee Organisations (ROs) are organisations that provide

advice, support, and sometimes specialist services (on issues such as mental health and disability) to

reugees and asylum seekers. They may employ reugees or asylum seekers but were not set up by

particular ethnic or national reugee and asylum-seeking communities.

Sexual Orientation - the scientically accurate term or an individuals enduring physical, romantic,emotional and/or spiritual attraction to members o the same and/or opposite sex, including lesbian, gay,

bisexual and heterosexual orientations.



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Social Services is the body run by a local authority or council that provides a number o services or

adults, children and amilies who require advice, support or care because o their particular need. Social

Services also provide asylum support accommodation in some cases; this is not the same as UKBA asylum

support accommodation.

Transgender - an umbrella term or people whose gender identity and/or gender expression diers

rom the sex they were assigned at birth. The term may include but is not limited to: transsexuals, cross-

dressers, and other gender-variant people. Transgender people may identiy as emale-to-male (FTM) or

male-to-emale (MTF). Transgender people may or may not decide to alter their bodies hormonally and/

or surgically.6

United Kingdom Border Agency (UKBA) is part o the Home Oce and is responsible or securing

the United Kingdom borders and controlling migration in the United Kingdom. UKBA also considers

applications or permission to enter or stay in the United Kingdom, citizenship and asylum, and is also

responsible or managing accommodation and support or asylum seekers. UKBA was ormed in April

2008 rom a merger o the Border and Immigration Agency (BIA), Customs and UK Visas. Prior

to that date, the BIA was the agency responsible or overseeing asylum support, and beore that asylum

support was overseen by the National Asylum Support Service (NASS).7


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Reugee Support is one o the countrys leading providers o housing and support or reugees and asylumseekers, and is the brand name o Metropolitan Support Trusts (MST) reugee services.

MST is a registered social landlord and a registered charity. It operates across London, the East and WestMidlands, and Yorkshire and Humberside, and works with reugees, people with mental health needs andlearning disabilities, older people and other client groups. MST also advocates or progressive social policy.

One o the exciting initiatives within Reugee Support is the new programmes made possible by theAshmore Fund. The Ashmore Fund is restricted within MST and was created rom the ree reserves o theormer Reugee Housing Association. It is named ater the ormer Chair, Gillian Ashmore. The purpose othe und is to support innovative initiatives or the benet o reugees, asylum seekers and migrants, andthe Research and Consultancy Unit has received unding or its set up costs rom it.

MST is part o Metropolitan Housing Partnership and is the specialist care and support provider.

www.mst-online.org.uk www.reugeesupport.org.uk www.mhp-online.co.uk

Michael Bell Associates

Michael Bell Associates is a research and consultancy practice established in 1993 with experience in socialresearch, community development and health and social care related projects. Clients include a wide rangeo public bodies rom government departments and agencies to NHS bodies and local authorities to notor prot providers.

We provide evidence based and practical solutions to promote social cohesion and tackle social exclusion.Working exclusively with the public and not-or-prot sectors, we aim to provide cost eective and highquality, integrated research and consultancy services.

www.mba4consultancy.co.uk

5. Commissioners and researchers

Reugee Support/Metropolitan Support Trust


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At the heart o Stonewall Housings work, since they started in 1983, is the aim to nd sae and securehomes or lesbian, gay, bisexual and transgender (LGBT) people. They provide supported accommodation

or young LGBT people and housing advice and advocacy to LGBT people o all ages through a telephonehelpline and weekly drop-in surgeries.

Stonewall Housing also infuences housing policy and practice at local, regional and national level andprovides training and consultancy services to other housing organisations in order to raise awareness othe housing needs o the LGBT communities.

www.stonewallhousing.org

United Kingdom Lesbian and Gay Immigration GroupSince 1993 UK Lesbian and Gay Immigration Group (UKLGIG) has been providing immigration support,inormation and advice to the lesbian and gay community. They have had enormous success, achieving the

rst legal recognition o any sort or same-sex relationships with the creation o the Unmarried PartnersRule. This acceptance o lesbian and gay relationships as valid and equivalent to heterosexual partnershipssowed the seed or all uture legal rights and ultimately led to civil partnership legislation.

As the area o need changed, the groups ocus shited to those persecuted because o their sexuality.UKLGIG continues to use its experience, expertise, reputation and skill in promoting human rights andeliminating discrimination through providing support to LGBT people seeking asylum. There is currently noother dedicated organisation tackling the multiaceted problems aced by lesbian and gay asylum seekers inthe UK.

www.uklgig.org.uk

6. Research project steering group members

Stonewall Housing

d


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End notes

1The UK does not operate a white list that makes presumptions about the saety on return o ailed asylum seekers. The

Government believe that the right approach is to consider the protection needs o individuals on an individual basis. The term white

list in this report reers to section 94 o the Nationality, immigration and Asylum Act 2002, which concerns the appeal rights in

respect o asylum and human rights claims that ater ull and careul consideration are ound to be clearly unounded. Section

94 o the 2002 Act includes provision or a list o countries (or parts o countries) to be designated or non-suspensive appeals andor the Home Secretary to add a country to the list i she is satised that (a) there is in general no risk o persecution o persons

entitled to reside there and (b) that removal o persons entitled to reside there will not in general breach the UKs obligations under

the European Convention o Human Rights. Designation o a country does not mean that all claims rom the country will be reused.

Countries designated Section 94 o the 2002 Act are kept under review and i conditions in a particular country change to the extent

that the legal test or designation is no longer met then the country concerned would be removed rom the list.

2All Country o Origin Inormation reports have a section on LGBT persons. These sections aim to document the position o LGBT

persons in the country concerned; covering their legal position, societal attitudes, treatment by the authorities and other relevant

inormation. However, the level o inormation provided is largely dictated by availability and it is oten dicult to obtain reliable

inormation about these issues, particularly or countries where LGBT persons may eel obliged to conduct their personal lives in a

clandestine manner.

3Since September 2005 individuals awarded reugee status are no longer granted indenite leave to remain in the country, as they

were prior to this date. Instead, reugees are now granted a limited period o ve years leave to remain ater which their cases will be

reviewed to determine whether or not they are still in need o protection, and thus able to remain in the UK.

4The 1951 United Nations Convention Relating to the Status o Reugees is the key legal document in dening who is a reugee,

their rights and the legal obligations o states. Under the Convention, a reugee is someone who owing to well-ounded ear o

being persecuted or reasons o race, religion, nationality, membership o a particular social group or political opinion, is outside the

country o his nationality and is unable, or owing to such ear, is unwilling to avail himsel o the protection o that country; or who,

not having a nationality and being outside the country o his ormer habitual residence as a result o such events, is unable or, owing

to such ear, is unwilling to return to it.

5Zetter, R. and Pearl, M. (2000) The minority within the minority: reugee community based organisations in the UK and the impact

o restrictionism Journal o Ethnic and Migration Studies. Vol. 26(4), pp. 675-98.

6Denition taken rom GLAADs (Gay & Lesbian Alliance Against Deamation) Media Reerence Guide, 7th edition, May 2007,

available at http://www.glaad.org/media/guide/GLAAD_MediaReGuide_7thEdition.pd

7The institutional legacy o the National Asylum Support Service (NASS) has been ar-reaching and amongst asylum seekers, reugees,

and Reugee Support Organisations it is common to reer to contemporary UKBA asylum support services, including accommodation,

as NASS. However, NASS ceased to exist as a directorate in 2006 and any current reerences to NASS must be understood as

UKBA asylum support services.

Oth h R S t/M t lit S t T t


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Other research rom Reugee Support/Metropolitan Support Trust

This report aimed to ll in a research gap by asking whatintegration and Britishness means to reugees. It waspublished as part o the 50th anniversary celebrations oReugee Support.

Capturing the perspectives o so-called hard-to-reach disabledasylum seekers, reugees and reugee community organisations,this research examined the nature and extent o support thesepopulations received rom organisations in London.


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I you would like more about this research please contact the Research and Consultancy Unit on020 7501 2234 or at [email protected]


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Metropolitan Support Trust (MST) Registered Oce, Cambridge House,

109 Mayes Road, London, N22 6UR. MST is registered in England andWales No 01993366. Registered with the Housing Corporation, No. LH3741

and registered with the Charity Commission, No. 298096.

MST is part o Metropolitan Housing Partnership (MHP).


I you would like more about this research, please contact

the Research and Consultancy Unit on 020 7501 2234 or

at [email protected]

Please notethe identities o all the interviewees inthis document have been withheld and allimages o people are generic.Re

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