It is normal to feel scared. Many people have been through this — and received a positive decision.
What to do right now:
«In C-148/13, C-149/13 and C-150/13 the European Court ruled that Member States must not accept sexually explicit material. In cases in which a claimant or their legal representative seeks to submit such material, it must be refused and returned to them. Any visual material depicting sexual acts must not be accepted.»
«A claimant is never to be asked to supply video or photographic evidence of sexually intimate acts; any such evidence of a person engaging in sexual activity is not in and of itself evidence of sexual orientation and has NO evidential value.»
This is a short initial interview. Home Office collects basic information: who you are, where you are from, why you are applying for asylum. This is not a detailed examination of your case.
You do not need to share everything at this stage. Your lawyer will explain exactly what to say at the screening.
This is the detailed interview. Home Office asks questions about your history, your country, and why it is not safe for you to return.
This is the most important stage. Your lawyer should prepare you before this interview.
Asylum Policy Instruction v6.0 trains caseworkers to consider the following themes in LGBT cases:
Note: Home Office is trained to consider themes of stigma, secrecy, and delayed disclosure (themes similar to the DSSH framework developed by S Chelvan in 2011, but not formally codified in current Home Office Asylum Policy Instruction v6.0).
If you did not immediately tell your lawyer or mention the LGBT ground at the screening — this is not a problem in itself.
Home Office is trained to understand that people often fear or feel shame about speaking about this. This is taken into account.
Your lawyer will help explain this in your case.
In 2010, the UK Supreme Court ruled: asylum cannot be refused to an LGBT person on the basis that they could conceal their orientation on return to their country of origin to avoid persecution.
If anyone — a caseworker, interpreter, or any other person — demands this from you, that is a breach of official Home Office policy.
Tell your lawyer immediately. You can also complain to the IAA Commissioner.
Preparing for the substantive interview is the main job of your lawyer. StartNewLife provides information. A lawyer works with your specific case.
Legal Aid is free for asylum seekers. A lawyer cannot charge for asylum work under Legal Aid.
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