Sexual Identity Asylum Claim

I want to find out if anyone has experience of making an asylum claim based on their sexual identity.

I have been in the country for over 15 years, 90% legally, however due to using various dodgy solicitors, my chances of ILR under the 10 years rule was messed up.

I've been reporting fortnightly, but now face going back to a very homophobic country and my solicitor has advised that I should claim asylum.

I'm a Nigerian woman who identifies as bisexual, and I have been living in the UK as a bisexual woman for many years and scared that I can't live the life I have grown accustomed to in the UK in Nigeria. I came here when I was 17, I will be 34 later this year. I have been reading that this is an extremely hard route, that the HO will try to discredit me and say it's all made up cos my other applications were refused.

I can prove my sexuality, as I have testimonies from friends who know about my sexuality, women I have dated and also old dating site email correspondence going back to 2010 etc, so it's not just made up now for convenience.

There is also loads of objective country of origin evidence regarding the extreme violence LGBTS face in Nigeria since the anti same sex law was passed two years ago. Women are being tortured, raped, beaten etc

I am preparing for my substantive interview and just want to hear of other people's experience or advice, so I know what to expect.

Thank you.

I have been reading that this is an extremely hard route, that the HO will try to discredit me and say it's all made up cos my other applications were refused.

Yes, very possible and HO could also question why you are only claiming asylum after 15 years residence in the UK, especially given that all your other options/routes have been exhausted.

Do you have a partner in the UK?

Any family here?

British children?

I do have family here, just my sister, Niece, both British. Dad died 8 yrs ago, and my sis and I are estranged from the rest of our family so have no ties in Nigeria anymore. We only have each other really. I am single, no kids, just a Jack Russell terrier
My sexuality has never been relevant to my immigration case as I would have been permanently settled here if my solicitor hadn't done a butched job with my ILR application and the other two solicitors I used during and after the appeal made matters worse. Never thought I would actually have to leave the country until now, and it's cos I can't live openly as a bisexual woman, my new solicitor said this is the best route. Also ukba messed up and made a critical error in their date entry on my application which they don't want to own up to, but we have proof of this.
So I'm hoping that I at least get humanitarian protection or discretionary leave if I don't qualify as a refugee.
Any advice would be great.

Hi Alicia,
My best mate is a gay Nigerian man, and he had a very similar experience as yourself (dodgy legal advice which led to a ruined and failed ILR application) He applied for asylum after his previous application and appeals failed, and was granted 3 years ago. His timeline from application to getting granted was just over 2 months.

In response to the question of not applying for asylum earlier when you arrived, he answered that he didn't need to apply for asylum, and didn't know that he would qualify for humanitarian protection, given the fact that when he left the country there were no laws banning gay relationships etc. Though the society frowned on it, being gay wasn't explicitly illegal in law (that has changed since 2013)

You will need to prove that your life will be in danger when you go back. Do people in Nigeria know about your sexuality? have you been threatened by people back home?

The substantive interview is what will make or break your application, but you will still have a chance to appeal the decision (if you get denied)

Thanks Uchida.
My mum discovered my sexuality a few years back and it is part of the reasons why we are estranged. I don't really have any close ties in Nigeria anymore, so if I were sent back, I will be starting off on my own really. So I am not being threatened by anyone. My main fear is based on the country of origin evidence about women being raped, extorted for money or sex, and seeing as I will be on my own and won't have any connection, I will be easy picking and there would be no one to protect me. My mum disowned me after finding out.
What sort of questions can I expect during the substantive interview? I'm very keen to speak to someone who has been through it before. I have been attending the UKLGIG meetings with the hope of meeting someone who has been granted asylum, but I haven't met anyone yet.

Hi Alicia,
My mate might be willing to help, but he's not keen on sharing his phone number etc online.

He said you might find it difficult to convince HO that you need humanitarian protection if you're not being threatened. Their argument will be that, you can live safely in Nigeria if you keep a low profile and the anti gay laws are not effectively enforced anyway.

Have you been given a date for your interview?

Thanks again Uchida, that's really kind of you.
But the HO policy states that a case can't be refused if you expect the person to return to their country and live discreetly just to avoid being harmed or persecuted. This came into effect after a Supreme Court ruling on an asylum case for two gay men from Cameroon and Iran. My main fear is that the real threat comes from mob attacks from the public and women are considered vulnerable and not safe according the the HO reports.
If you can pls send me a private message on here, that would be great and we'll take it from there? I completely understand that your friend won't want to give his contact details online

Members can only send and receive PMs after they have made 30 posts.

Hi Alicia,

I'm sure he'll be willing to help, but as Casa said "Members can only send and receive PMs after they have made 30 posts." - I did send a PM to you, so not sure you'll be able to receive it. Perhaps, you can give me an email address he can email you on, so you can send him your number and you guys can take it from there.

Ahh, it seems I will not be able to read it.
If you can pls email me at xxxx and we can chat from there.
Pls let me know once you've received this so I can delete the post with my email address.
Thanks.

Moderator Edit: member request

You won't be able to delete or edit you post. A moderator will have to do it for you. We strongly advise against posting personal emails on the open forum to avoid being a target for spammers.

Thanks case.
Can you pls delete the post with my email address on it now?
Thank you.

Alicia_4076 wrote:Thanks case.
Can you pls delete the post with my email address on it now?
Thank you.

I've deleted just the email address for you.

Hi Alicia,

I've sent your email to him. He'll probably send you an email. I hope it all goes well for you. Casa is right, a lot of spammers might target your email address now, because they use bugs that crawl through these forums for email addresses.

Thank you Uchida for your advice and Casa for your assistance also

Alicia_4076 wrote:Thank you Uchida for your advice and Casa for your assistance also

Hi Alicia,
My mate said he sent you an email with the subject "asylum claim" but hasn't received a response from you..maybe you need to check your spam folder if you haven't received in in your inbox.