Reforming the UK’s asylum process for people seeking asylum on the basis of their sexual orientation: an assessment of their psychological needs and the law

Abstract

In this thesis, the asylum process faced by asylum seekers basing their claim on their sexual orientation (ASSOs) in the United Kingdom (UK) is examined with a view to recommend reforms to improve the process.

Utilising a transdisciplinary approach of law and psychology, and a mixed methodological approach of doctrinal, qualitative, as well as an engaged research model, this thesis aims to identify why there are lengthy and uncertain waiting times for ASSOs’ initial decisions. These waiting times are known to have an adverse effect on ASSOs’ mental health and wellbeing. As such, the thesis investigates the UK Home Office’s (UKHO) current initial decision-making process with a focus on the narrow conceptualisation of sexual orientation present in guidance used by decision-makers. It is demonstrated that the asylum process is at risk of producing inaccurate decisions about ASSOs’ claims and this thereby results in the heightened risk of people being returned to countries where they face persecution. This thesis demonstrates that the high evidentiary burdens and demands in practice do not coincide with insights into how traumatic experiences act as a barrier of expressing one’s sexual orientation openly, and this will negatively affect an ASSO’s credibility assessment outcome.

Following, this thesis examines the proposition that the specific vulnerabilities of ASSOs are not adequately taken into consideration during the asylum process. It will be shown that this lack of appreciation of vulnerability in the asylum process means that it does not sufficiently reflect their needs and experiences. This results in the asylum process not allowing for ASSOs to fully engage with the process in the way the process demands. Therefore, the recommendations for reform are informed by ASSOs’ vulnerability so that it adequately reflects their experiences and needs. It is proposed that these reforms will improve the UK’s asylum process’ efficiency and accuracy of initial decisions for ASSOs and help reduce lengthy uncertain waiting times.