LGBT Asylum Claims
Contact with us we are here to hear you
Book Appointment
Asylum for LGBT Individuals:
Danielle Cohen Solicitors specialize in handling asylum claims from LGBT individuals facing persecution due to their sexual orientation or gender identity. Discrimination and violence against LGBT people remain prevalent in many parts of the world.
Legal Framework:
The legal basis for asylum is found in Article 1(A)(ii) of the 1951 Refugee Convention, which protects individuals fearing persecution based on race, religion, nationality, membership of a particular social group, or political opinion. This includes persecution due to sexual orientation or gender identity, as interpreted under the broad language of the Convention.
Challenges and Misconceptions:
Proving one’s sexuality during an asylum interview can be difficult, particularly if evidence is sparse. The Home Office has sometimes posed inappropriate questions, leading to challenges in the asylum process. Despite improvements, inconsistencies remain in the treatment of LGBT asylum seekers.
For expert advice or to discuss your case, contact Danielle Cohen Solicitors. We offer detailed consultations and support for asylum claims based on sexual orientation and gender identity.
Work Rights for Asylum Seekers:
Typically, asylum seekers are not permitted to work while their application is pending. They receive accommodation and essential support. However, if an asylum claim has been unresolved for over 12 months, permission to work may be granted but is limited to jobs on the Home Office’s shortage occupation list.
Asylum Process:
In the UK, refugee status is granted for five years, during which individuals have the right to work, study, and access benefits and housing. Dependents may also gain these rights, and those abroad can apply for family reunification.
Article 3 of the European Convention on Human Rights
Overview:
Article 3 of the European Convention on Human Rights (ECHR) is a fundamental provision that prohibits torture, inhuman, and degrading treatment. It ensures that individuals are protected from severe mistreatment, regardless of their circumstances.
Recent Case Example:
In a recent case, Danielle Cohen defended a South Korean national’s rights under Article 3 ECHR. The Home Office had mistakenly concluded that there were no insurmountable obstacles for the applicant and their British partner to live together in South Korea. This decision ignored crucial expert testimony about the treatment of LGBTQ+ individuals in South Korea, where same-sex relationships are not legally recognized, and the British partner could not relocate there. The case highlights the importance of considering expert evidence and the legal context when assessing the risks of mistreatment.
