Calls for asylum process for LGBTQ applicants to be reviewed

The Movement of Asylum Seekers in Ireland (MASI) have highlighted the case of a man at risk of deportation to Nigeria, despite the fact he says he is bisexual and may suffer persecution there.

There have been calls for the asylum process for LGBTQ applicants to be reviewed, after the Movement of Asylum Seekers in Ireland (MASI) highlighted the case of a man at risk of deportation to Nigeria, despite the fact he says he is bisexual and may suffer persecution there.

A High Court judge also questioned the decision-making in the case.

The man, known as Mr X, applied for asylum back in 2016. In 2017, he had an interview where he had to detail sexual encounters with other men.

However, according to court documents, his claims were not believed by the Minister for Justice so he was not granted refugee status.

He applied for a judicial review in 2019 and a judgement was made in the High Court this week by Mr Justice Max Barrett.

While the man's judicial review was unsuccessful, the judge said many of the conclusions reached by the Minister for Justice "did not follow". 

Sexual encounters

Justice Barrett said Mr X recounted a number of sexual encounters with other males, yet the Minister for Justice had found that: "It simply is not credible that a young man having been raised in... a restrictive environment would engage in behaviour both unacceptable and outlawed in the society in which he lives."

However, Justice Barrett's judgement said: "Growing up in a 'straight' or strait-laced environment does not mean that a male of any age who is bisexual/homosexual is going to avoid expressing his natural sexuality."

Justice Barrett also commented on how there was early consideration of whether Mr X was involved with LGBTQ organisations or visited gay bars and clubs.

Many LGBTI+ people doubtless go through life without ever becoming involved in rights organisations and the notion that a poor man seeking asylum would have money to throw about in bars/clubs speaks for itself.

"...if the minister is wrong and Mr X is bisexual, he is set to be deported to a country where LGBTI+ people are treated badly and suffer greatly," the judgement concluded. 

Bulelani Mfaco, spokesperson for MASI, said this experience was common for LGBTQ asylum seekers and there should be a review of how these cases are handled. 

"They start by asking 'when did you realise that you are gay or different', then probe for intimate details in follow-up questions."

Mr Mfaco also said, previously, a Zimbabwean teenager's asylum claim was rejected partly because he was not part of an LGBTQ+ organisation. 

"They also rejected him because he hadn't had a relationship with a person of the same sex.

"Then in the case of Mr X, who actually had sexual relations with people of the same sex, they say it's implausible when law and custom forbid it. There is no standardisation there."

In response, the Department of Justice said: "Under the International Protection Act 2015 each application is assessed individually on its merits. 

"The assessment takes into account both subjective elements (the applicant’s own account or personal history) and objective elements (up-to-date information on the applicant’s country or place of origin, including the laws relating to, and societal treatment, of individuals who identify as LGBTI)."

UNHCR guidance

The department said Ireland follows UNHCR guidance and International Protection Office (IPO) caseworkers and interviewers are trained. 

"The IPO has incorporated the Difference, Stigma, Shame, Harm model into training for caseworkers. The model is designed to help the applicant provide a detailed narrative and to be a sensitive and appropriate way of assessing credibility in sexual orientation/gender identity claims.

"It should be noted that a number of the comments referred to in the recent judgment were made in the determination of the appeal by the International Protection Appeals Tribunal, rather than by the IPO."