Commons Sense

House of Commons · Westminster Hall

Nationality and Borders Bill: LGBTQ+ People

02 February 2022 · 9 other contributors · 9,204 words

Opened by Olivia Blake Lab Sheffield Hallam

Responding minister: Tom Pursglove

Asylum & RefugeesWomen & Equalities

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Olivia Blake raised concerns about nationality and borders bill: lgbtq+ people in Westminster Hall. A government minister responded.

Key points

  • The Nationality and Borders Bill will increase the burden of proof for asylum applications, making it harder for LGBTQ+ individuals to provide necessary evidence due to trauma and language barriers.
  • One in three LGBTQ+ asylum seeker applications across Europe is refused because officials do not believe the applicant's story.
  • The Government is urged to address the 'culture of disbelief' that undermines LGBTQ+ asylum seekers' claims and to work on improving the situation rather than increasing the burden of proof.

Key requests to Government

The Government should address the 'culture of disbelief' that undermines LGBTQ+ asylum seekers' claims and should work on righting these wrongs instead of increasing the burden of proof. The Minister needs to provide a proper response to the concerns raised by LGBTQ+ organisations and the equality impact assessment.

How the debate unfolded

MPs spoke in turn to share their views and ask questions. Here's what each person said.

Opened the debate

Olivia Blake Lab Sheffield Hallam

The Nationality and Borders Bill will have a devastating impact on LGBTQ+ asylum seekers and refugees. Currently, one in three applications from LGBTQ+ asylum seekers across Europe is refused because officials do not believe the applicant's story. In the UK, around 2,000 people flee persecution due to their sexual orientation each year, with only about a quarter of those applications granted by the Home Office. The Bill increases the burden of proof for asylum applications and forces applicants to produce relevant evidence by a fixed date, which is often impossible for LGBTQ+ individuals who face trauma and language barriers.

Other contributors (9)
  • Alex Sobel Lab Co-op Leeds Central and Headingley

    The hon. Member mentioned that Uganda's anti-homosexuality law has resulted in many Ugandan refugees seeking asylum in the UK, as neighbouring countries may not offer safe environments for LGBTQ+ individuals.

  • Anne McLaughlin SNP Glasgow North West

    The Nationality and Borders Bill will not break the business model of people smugglers or offer any safe routes to asylum seekers. It punishes the most vulnerable, particularly LGBTQ+ individuals from 70 countries where being gay is illegal. Anne McLaughlin highlighted the case of Bahiru, an Ethiopian gay man who fled persecution and faced communal living conditions in the UK that were unsafe and discriminatory. She criticised the Bill for potentially warehousing asylum seekers in detention centres and offshore processing, and called on the Minister to allow MPs to speak freely with residents at Napier barracks without Home Office officials present.

  • Holly Lynch Lab Halifax

    Expressed concerns about the Nationality and Borders Bill's potential impact on LGBTQ+ asylum seekers, citing statistics on applications and grants of leave. Criticised the Government for indirect discrimination risks without proper safeguards. Highlighted the issue with late disclosure undermining credibility in asylum claims, referencing personal stories like Samir's to illustrate difficulties faced by LGBTQ+ individuals.

  • Kirsty Blackman SNP Aberdeen North

    Ms Blackman questioned the Government's decision to make it more difficult for LGBTQ+ individuals to claim asylum in the UK, emphasizing that these individuals have spent their lives hiding their sexuality or gender identity due to fear of persecution. She also highlighted the lack of support infrastructure in non-dispersal authorities like Aberdeen and asked how refugees can be supported to make proper claims when current systems are failing.

  • Lloyd Russell-Moyle Lab Co-op Bilston and Wolverhampton South West

    A constituent from Venezuela was told to return despite marrying a British person, indicating the Home Office focuses on technical processes rather than human considerations. The hon. Member agrees that the two-track system affects people from different regions differently, highlighting the case of Kurds who cross in boats to seek asylum despite Turkey being a dangerous place for them due to persecution.

  • Nadia Whittome Lab Nottingham East

    The Nationality and Borders Bill will have a devastating impact on the rights of LGBTQ+ refugees, increasing the threshold to prove their identity and potentially forcing them to hide their identity while in the UK. The bill also poses risks for these individuals through accommodation and offshore processing centres. Asked the Minister to give way.

  • Stuart McDonald SNP Glasgow South West

    Stuart McDonald expressed concerns about the Nationality and Borders Bill, stating it is 'absolutely horrendous' for all asylum seekers, particularly LGBTQ+ individuals. He highlighted issues such as the delay in the asylum process, poor-quality decisions, inappropriate detention, and a lack of safe legal routes. Additionally, he pointed out specific problems faced by LGBTQ+ claimants including prejudiced interviews and biased interpretation practices. Asked the Minister to give way.

  • Tim Farron Lib Dem Westmorland and Lonsdale

    The hon. Member criticises the Nationality and Borders Bill for treating LGBTQ+ asylum seekers unfairly, noting that clause 11 will disproportionately impact them by categorising them as group 2 refugees with limited rights and access to public funds.

  • Virendra Sharma Lab Ealing, Southall

    Reminded hon. Members to observe social distancing and wear masks.

Government Response

Tom Pursglove

It is a pleasure to serve under your chairmanship, Mr Sharma. I begin by thanking the hon. Member for Sheffield, Hallam (Olivia Blake) for securing this debate on what is undoubtedly an extremely important topic. Many of the reforms in the Nationality and Borders Bill are being introduced against the backdrop of these terrible crossings of the English channel. People are putting their lives in the hands of evil criminal smuggling gangs who treat people as cargo with no regard for human life. I acknowledge this House's interest in the issue. We will change current practices by introducing a new form of temporary refugee permission to stay, meant for individuals meeting the requirements of refugee status in the UK but not having claimed asylum directly or without delay due to fear of presenting to authorities as an LGBT+ person. Decision makers will work on a case-by-case basis, taking into account relevant factors including delays due to fear of discrimination. The Government believes all measures are compliant with international obligations. Accommodation centres will ensure individuals have simple, safe and secure accommodation while their claims are processed; cases should be considered more quickly, and those requiring sanctuary should receive support as soon as possible. Individuals will also have opportunities to disclose information supporting evidence for why they should not be housed in accommodation centres, which could include reasons linked to sexuality. Accommodation centres are not detention; people are free to come and go as they please with various safeguards built into the arrangements. Tomorrow's visit to Napier is exactly the same arrangement as when I visited Napier a few weeks ago, and I welcome the opportunity for Members to speak to people there. We will also make it easier to move asylum seekers from the UK to a safe country while their claim is pending; we only work with countries compliant with the refugee convention and any obligations under relevant human rights law. On the one-stop process, late evidence and damage to credibility, the Bill introduces a new and expanded one-stop process ensuring that asylum, human rights claims, and other protection matters are considered at the earliest opportunity. Where evidence is provided late without good reason, it should be taken into account by the decision maker as damaging to a claimant's credibility; but where there is good reason, there will be no damage. This is not a new concept: it has underpinned existing immigration legislation under previous Governments.

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