- British migrant policy draws widespread condemnation
- European Court of Human Rights blocks first flight
- Britain plays down LGBTQ+ persecution fears
- Says rights situation may be different for trans people
By Lucy Middleton
LONDON, June 29 (Openly) - Britain's plan to deport some asylum seekers to Rwanda was declared unlawful by the Court of Appeal on Thursday, sparking relief among LGBTQ+ rights groups who had condemned the proposals as unsafe.
Officials last year announced plans to send tens of thousands of asylum seekers who entered Britain illegally onwards to Rwanda, where they would be allowed to seek asylum or could ask to be returned to their home countries.
LGBTQ+ rights groups had expressed concern about the risk of discrimination and a lack of legal protections in Rwanda. Britain's Home Office interior ministry said there was no "real risk" of mistreatment in the East African country.
The Court of Appeal ruled that Rwanda could not be treated as a safe third country for people seeking asylum, as flaws in its asylum system created risks that people could be returned to their home nations where they face "persecution or other inhumane treatment".
British Prime Minister Rishi Sunak has said the government will seek permission to appeal the ruling.
Rainbow Migration, a group supporting LGBTQ+ immigrants and asylum seekers, said it was "good news" that the government's "cruel plan" had been found to be unlawful.
Here are the key details on the policy and its impact on LGBTQ+ people:
Are LGBTQ+ migrants being sent to Rwanda?
No asylum seekers have been sent to Rwanda so far, due to legal challenges against the policy.
Gay, lesbian and bisexual asylum seekers who arrive in Britain illegally would not be exempt from possible deportation to Rwanda, a Home Office spokesperson said last year.
But a ministry report acknowledged that the rights situation in Rwanda might merit a different consideration for trans people because changing gender is illegal in the East African country.
When asked whether trans people would be included, the Home Office spokesperson said each case would be assessed individually and no one would be relocated if it was unsafe.
The government declined to give further details of any exemption criteria in the policy, saying that to do so would allow migrants and people smugglers to cheat the system.
What rights do LGBTQ+ people have in Rwanda?
Rwanda is one of a handful of African nations that do not criminalise gay sex, and the country is a signatory to a U.N. statement condemning violence against LGBTQ+ people.
However, same-sex marriage is banned and LGBTQ+ people are not protected from discrimination by any specific legislation. Trans people also cannot legally change their gender.
Rights groups in the largely conservative Christian nation report that homophobic attitudes are widespread.
In an open letter to the Home Office, Human Rights Watch (HRW) previously said LGBTQ+ people face stigma and mistreatment in Rwanda, and a history of human rights violations means it "cannot be considered a safe third country" for refugees.
"On paper Rwanda is a better place for LGBT people than in practice," said Graeme Reid, the group's lead on LGBTQ+ rights.
Rwanda's government spokesperson Yolande Makolo contested the British Court of Appeal's finding that the nation was not a safe country for asylum seekers.
"Rwanda is one of the safest countries in the world and we have been recognised by the UNHCR and other international institutions for our exemplary treatment of refugees," she said in a statement published on Twitter. The UNHCR is the U.N. refugee agency.
How many asylum seekers in Britain are LGBTQ+?
Applications for refuge on the basis of sexual orientation made up 1% of asylum applications in 2021, the latest year for which Britain holds official data, down from 4% in 2020.
That is likely to be an undercount of the total number of gay and bi refugees, as many do not know they can apply for refugee status on the basis of their sexuality, or are too afraid to do so, said Karen Doyle, from migrant rights group Movement for Justice.
The British government does not hold other data about the sexual or gender identities of asylum seekers.
"People can't come out in the conditions of detention, when many are probably still suffering from a lot of shame and self hate," Doyle told the Thomson Reuters Foundation.
Pakistani nationals have accounted for the largest number of applications based on sexuality for the past six years, making up 20% of such applications in 2021.
What does the British government say?
The government has said it intends to appeal. "While I respect the court, I fundamentally disagree with their conclusions," Sunak said in a statement posted on Twitter.
Interior minister Suella Braverman said she was "determined to deliver" on a pledge to stop the flow of migrants arriving illegally in small boats across the English Channel from France.
"I remain fully committed to this policy as does the Rwandan government," she said in a statement.
A Home Office assessment of the policy previously found LGBTQ+ Rwandans face "some societal discrimination and abuse, including discrimination in employment, eviction, ostracism from family and threats of violence", while stigma deterred them from reporting hate crimes to police.
However, it said discrimination or intolerance were "not sufficiently serious ... to amount to persecution or serious harm" for gay and bi people.
A Home Office spokesperson said last year the policy would allow migrants to build a new life in Rwanda.
"The overall findings were that Rwanda is fundamentally a safe and secure country with a track record of supporting asylum seekers," the spokesperson said.
Related stories:
Britain’s illegal migration bill tells LGBTQ+ asylum seekers they’re not welcome here
Kenya could follow Uganda as East African nations wage war on LGBT rights
EU lawmakers condemn Uganda anti-LGBTQ+ law
This story was updated on June 29, 2023, with details of the Court of Appeal ruling.
(Reporting by Lucy Middleton; editing by Sonia Elks. The Thomson Reuters Foundation is the charitable arm of Thomson Reuters. Visit https://www.openlynews.com/)
Openly is an initiative of the Thomson Reuters Foundation dedicated to impartial coverage of LGBT+ issues from around the world.
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