Majority of LGBTI Asylum Seekers in Western Countries Still Face Rejection

SEXUALITIES, 23 May 2011

Behind the Mask – TRANSCEND Media Service

A vast majority of lesbian, gay, bisexual, transgender and intersex (LGBTI) people seeking asylum in the European Union on the basis of their sexual orientation, have been met by a severe blow as most of their applications have been rejected due to failure of giving accurate account or valid proof of persecutions they claim to have experienced or might incur if they were sent back to their country of origin.

This has prompted the call from ARDHIS (Association pour la Reconnaissance des Droits des Personnes Homosexuelles et Transsexuelles à l’Immigration et au Séjour), a French based organisation that advocates for the rights for LGBTI people to be granted asylum in France, urging African based LGBTI organisations to document homophobic persecutions occurring in their respective countries.

ARDHIS reveals that a personal and detailed account of the persecutions incurred and the risk if the applicant is sent back in his or her country are the determining factors in the granting or not of asylum

“The applicant is required to give a personal and detailed account of the persecutions (verbal or physical assaults, threat, blackmail etc.) he or she suffered and this account of persecutions which “must be personal and coherent should be supported by all kind of precisions such as the names of persecutors, dates, etc”, explains Marc Rigollet, Asylum Coordinator for ARDHIS.

“LGBTI organisations in Africa should keep a record of homophobic persecutions occurring in their country. This information is usually asked by the OFPRA (Office Français de Protection des Refugiés et Apatrides), the French Office for the Protection of Refugees, to support its decision to grant asylum or not”, he adds.

“It will be very useful if LGBTI organisations could publish on a regular basis on the internet or newspaper information on the issues they are facing in their country and most importantly all cases of homophobia from the state or some groups of the population. This information can be used by the asylum seeker to strengthen his or her application to the OFPRA” argues Rigollet.

Additional information such as the existing law and legislation regarding homosexuality in the country of origin of the asylum seeker and any event such as trial and murder  related to LGBTI and that was given media coverage can also be useful.

According to ARDHIS, 105 people are reported to have applied for asylum in France in 2010 and out of the 52 applications that have already been dealt with, 34 were unsuccessful and only 18 applicants were granted refugee status.

Meanwhile, on 6 April 2011, the European Parliament voted in favour of measures that aim at strengthening the applications from LGBTI people claiming asylum in the European Union. These measures recognize that LGBTI are covered by the concept of “asylum seekers special needs” whose vulnerability should be taken into consideration.

“These measures will contribute to the training of asylum officer, give the possibility for the asylum officer to seek advice from experts and grant sufficient time to the asylum seeker to prepare for interviews”, reads a press release from the International Lesbian and Gay Association (ILGA)

Go to Original – mask.org.za

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