campaigns > free to be me

In many countries, living openly as a lesbian, gay, bisexual or transgender person is impossible as it brings rejection and the constant threat of violence. Instead, people are obliged to live a lie. And it’s not just a case of keeping quiet. The façade may require a forced marriage, complete with unwanted sexual attention that makes every day a living hell.

Despite this horrifying reality, gay and lesbian people who fled persecution were being sent from the UK back to their country of origin with the instruction to ‘be discreet’- in other words, live a lie.

The UK Supreme Court have finally ruled that the 'discretion test' was a breach of the UN Convention on Refugees and contrary to gay, lesbian and bisexual people's human rights.

We're delighted by this landmark decision which will help many of the people we work with, but now we need your help to persuade the UK government to change their practice and to give gay and lesbian asylum seekers a fair hearing.

Right first time decisions

Lesbian and gay people seeking asylum in the UK have a far higher chance of their claim being initially rejected than the general asylum population - 90% as opposed to 76% in 2008. We think this is because they must prove their sexual orientation - often despite being too scared to have ever had a same sex relationship at home - and because UK Border Agency decision-makers are not properly trained to assess their cases.

UKBA staff focus on sexual history rather than the persecution experienced by lesbian and gay people, and ask inappropriate and insensitive questions, such as:

"Why do you choose to be a homosexual when it is illegal in your country?"

and unbelievably:

"I would look at how they've explored their sexuality in a cultural context - reading Oscar Wilde perhaps, films and music"
Nicholas, UKBA senior caseworker

Refugee Action needs your help to persuade the government that:

UK Border Agency staff should be properly trained in the law, culture and everyday practice that influence a gay person’s ability to live freely and safely in their country of origin.
Living freely and safely is everyone’s right. It’s time to put an end to double standards.