Protection LGBTI asylum seekers & refugees in the reform of the CEAS .............

On Tuesday 7 March 2017 from 14:00 – 16:00, the Intergroup on LGBTI Rights will host a roundtable on the rights of LGBTI Asylum seekers in the reform of the Common European Asylum System (CEAS).

At this round table, we will discuss how to guarantee that the proposals to reform the European asylum system will work to ensure the rights of LGBTI asylum seekers.

Speakers will include the main rapporteurs for the files, Tanja Fajon MEP (Qualification Regulation), Malin Bjork MEP (Resettlement Framework) and Sophie in ‘t Veld MEP (Reception Conditions Directive), as well as representatives of civil society.

The meeting will take place in Brussels, and is open to the public. Please register by Friday 3 March by sending an email to contact@lgbt-ep.eu with your first name, last name, date of birth, passport/id-number, nationality and place of residence.

Common European Asylum System

Asylum is granted to people fleeing persecution or serious harm in their own country and therefore in need of international protection. Asylum is a fundamental right; granting it is an international obligation, first recognised in the 1951 Geneva Convention on the protection of refugees. In the EU, an area of open borders and freedom of movement, countries share the same fundamental values and States need to have a joint approach to guarantee high standards of protection for refugees. Procedures must at the same time be fair and effective throughout the EU and impervious to abuse. With this in mind, the EU States have committed to establishing a Common European Asylum System.

Asylum flows are not constant, nor are they evenly distributed across the EU. They have, for example, varied from a peak of 425 000 applications for EU-27 States in 2001 down to under 200 000 in 2006. In 2012, there were 335,895.

Asylum must not be a lottery. EU Member States have a shared responsibility to welcome asylum seekers in a dignified manner, ensuring they are treated fairly and that their case is examined to uniform standards so that, no matter where an applicant applies, the outcome will be similar.

The EU as an area of protection

Since 1999, the EU has been working to create a Common European Asylum System (CEAS) and improve the current legislative framework.

Between 1999 and 2005, several legislative measures harmonising common minimum standards for asylum were adopted. Also important was the strengthening of financial solidarity with the creation of the European Refugee Fund. And in 2001, the Temporary Protection Directive allowed for a common EU response to a mass influx of displaced persons unable to return to their country of origin. The Family Reunification Directive also applies to refugees.

After the completion of the first phase, a period of reflection was necessary to determine the direction in which the CEAS should develop. A 2007 Green PaperSearch for available translations of the preceding linkEN••• was the basis for a large public consultation. The responses, together with the results of an evaluation of how existing instruments were implemented, were the basis for the European Commission’s Policy Plan on AsylumSearch for available translations of the preceding linkEN•••, presented in June 2008. As stated in the Policy Plan, three pillars underpin the development of the CEAS: bringing more harmonisation to standards of protection by further aligning the EU States' asylum legislation; effective and well-supported practical cooperation; increased solidarity and sense of responsibility among EU States, and between the EU and non-EU countries.

New EU rules have now been agreed, setting out common high standards and stronger co-operation to ensure that asylum seekers are treated equally in an open and fair system – wherever they apply. In short:
The revised Asylum Procedures Directive aims at fairer, quicker and better quality asylum decisions. Asylum seekers with special needs will receive the necessary support to explain their claim and in particular there will be greater protection of unaccompanied minors and victims of torture.
The revised Reception Conditions Directive ensures that there are humane material reception conditions (such as housing) for asylum seekers across the EU and that the fundamental rights of the concerned persons are fully respected. It also ensures that detention is only applied as a measure of last resort.

The revised Qualification Directive clarifies the grounds for granting international protection and therefore will make asylum decisions more robust. It will also improve the access to rights and integration measures for beneficiaries of international protection.

The revised Dublin Regulation enhances the protection of asylum seekers during the process of establishing the State responsible for examining the application, and clarifies the rules governing the relations between states. It creates a system to detect early problems in national asylum or reception systems, and address their root causes before they develop into fully fledged crises.

The revised EURODAC Regulation will allow law enforcement access to the EU database of the fingerprints of asylum seekers under strictly limited circumstances in order to prevent, detect or investigate the most serious crimes, such as murder, and terrorism.

BREXIT & LGBTQ Asylum concerns

What does Brexit mean?

It is a word that has become used as a shorthand way of saying the UK leaving the EU - merging the words Britain and exit to get Brexit, in a same way as a possible Greek exit from the euro was dubbed Grexit in the past.

Why is Britain leaving the European Union?

A referendum - a vote in which everyone (or nearly everyone) of voting age can take part - was held on Thursday 23 June, to decide whether the UK should leave or remain in the European Union. Leave won by 52% to 48%. The referendum turnout was 71.8%, with more than 30 million people voting.

In the aftermath of the surprise vote by way of a referendum in the UK to leave the European Union with accusations of deception in lead up campaign whilst the political causality was former Prime Minister David Cameron and his successor Theresa May seems to be hesitating somewhat on how the ‘BREXIT’ would look like and when it will come through; the firestorm in recent days since a high court ruling that for BREXIT to happen the parliament has to lay out its plans and decide on how it intends to launch the path for the exit to occur. The seeming protectionist posture by many states including the UK itself as the perceived fallout for foreign workers and implications for trade deals with negotiations are becoming more apparent. Nervous stock holders have been on a holding pattern somewhat similar to when planes heading for Gatwick circle until it is there turn to land the pound has been slipping, share prices fluctuating leaving investors overall worried about their futures; then there is talk of moving to other markets such as the NIKEI or the US even as the FED may announce reduced interest rates. Not being part of the EU single market does not seem to bother the likes of Theresa May such as high tariffs for exporting or importing goods and services.

‘Article 50’ the actual instrument that must go into effect is effectively limited to two years is yet to be acted on, Theresa Mays says she wants to do so by March 2017 but in the same breath the UK cannot re-enact its membership with the World Trade Organization, WTO unilaterally and requires the consent of 163 countries for that to happen and the business of quotas are problematic or negotiations of said deals, the recently concluded 7 year negotiated deal with the EU and Canada seems to be seen as a template for getting out of this; with the UK a more services driven economy than for goods the WTO re-negotiations may be challenging, the politics trumps the economics some say. The UK is not a direct member of the EU and is involved by way of the EU and risk the exiting of the EU without those deals cemented as the timing is too short some say. There is no known schedule of commitments by the EU in the WTO in other words there is no active independent membership some BREXITiers say use the EU membership terms but the issue with that is

‘No problem’ says BREXITiers as the UK can fall back on the default international trading rules by the WTO but the EU sells more to the UK than vice versa so the EU has more to lose. But what about business interests, where the power realities lie and lobbyists?

The EU MEPs in the meantime seem to be in a hurry to oust the UK and get on with the business of the union, while the French and British are still at odds with border controls more so than ever now as illegal migrants pass through, some going to great extremes such as literally walking the length of the underground tunnel from France to the UK or risking life and limb via way of hiding in lorries and using force for truck drivers to take them to the border. Despite a well thought through and implemented SCHENGEN visa system in the 27 states in the EU in terms of freedom of movement of legal persons and asylum seekers who can also move across borders for temporary jobs for example refugees and illegal migrant want to go to the UK more so than Germany, France, Sweden and even Holland.

Will the UK indeed England or Britain depending on who in that old arrangement decide to leave by way of their own referenda in Scotland, Ireland and the Falklands become even more insular in terms of asylum number allocation? The near 300% rise in the paper application fees and other fees for approaching the court/Home Office seem to suggest the pathways are being slowly closing or shrunken to make it even more difficult for applicants.

It is The change in law pushed by the Home Office as well in terms of landlords in the UK can find themselves in serious trouble if they do not verify or notify the authorities of illegal immigrants has sent said immigrants deeper into the underground, indeed deportations are on the rise as a recent public matter brought to bear. LGBT Jamaicans who have been in hiding in the UK and the EU to a certain extent and who cannot justify the affidavits they present are also a part of the mix and are being deported, three persons of note were sent back recently.

On the other hand UK Prime Minister Theresa May just yesterday has implemented a registered travel scheme for business persons with India being the first country to fall in that category but the lower socio economic groups seem not to be considered, the UK is trying to (re)establish connections if and when BREXIT comes to life, India’s economy is growing and holds most of the cards in these negotiations. Talks between the EU and India on trade deal have been going on for nine years so this move by the UK PM is timely to grab first instead of the EU; bilateral trade between the UK and India has slowed in the last five years from $16 billion to $14 billion. There are inherent inconsistencies as the very Theresa Mays has said she wants immigration number to supposedly include asylum seekers from dome 300,000 per year to 150,000 a full 50% cut while opening up more to business interests. How can on one hand the UK be seen to be closing the door but rolls out the red carpet to India in a strategic move to upstage the EU?

There are thousands of commitments in the WTO arrangements and some make it sound easy and cannot be done overnight or in twenty four hours; under WTO there is very little access to services. Britain is already been seen as a troublesome neighbour maybe two years after invoking ‘Article 50’ there may not be a sensible agreement in place, temporary expedience may become the interim solution. Rolling over the article for a year or extending member ship maybe unappealing for both sides especially the UK and transitional arrangements may be not on the cards. However not being in the EU single market has not stopped places like the USA to sell into it; the preferential sugar arrangements from a Jamaican standpoint in recent years also is an indication of a kind of shrinking of certain agricultural consideration with supply and demand.

Political implications

Britain maybe seen as undermining the push for solutions to the borders issues, the Eurozone crisis and terrorism and I do not think there will some olive branch to the UK to re enter the EU as the EU now constituted may want to do all it can to stop others from leaving , Turkey’s recent re-enactment of the death penalty and a subsequent warning by Angela Merkel of membership of the EU the response from Turkey was it will take no talk from the EU.

The rapid rise of right wing sometimes extremists groups and political outfits who have formalised themselves is of concern, namely in Germany, France (the opposition to the Jungle tent camps) and of all places Holland that was once thought to be the bastion of true equality and an open arms policy on LGBT asylum seeking and relocation opportunities. Donald Trump’s “BREXIT times ten” on the campaign trail among other things he has spewed seems to have emboldened said fanatical right wingers, the bizarre case that got me thinking was the anti African descented push by a group in Holland with surprising support and with so many Jamaicans already there I am concerned. A recent report of a clash outside a club with Jamaicans and persons making racist remarks and declaring blacks should return to the countries has made this issue a live on. Such anti African and racist sentiments are also on the rise in the UK and what appears to be the Home Office’s hardened positioning on the cases before it; given their history of disbelief of homophobic violence and asylum applications it may become difficult for some with even legitimate claims in their affidavits. One infamous case comes to mind from the early 2000s where the judge literally told the applicant he was not ‘camp’ enough to be gay and that he was lying, a deception by the way used by some (sometimes encouraged allegedly by dishonest solicitors) to act ‘camp’ with everything from aesthetic changes to boot while in holding camps to overdone effeminacy so that witnesses can say he displays stereotypes.

Angela Merkel

Germany’s more accommodative approach to refugees overall to the tune of one million has not gone down well with these racist and anti immigration groups and a recent poll has made the present administration targets of protests, sustained advocacy and violence with verbal abuse of non whites. Germany has a aging populations issue similar to Singapore and immigrants are given some leeway to take up jobs to meet those demands, alongside the natives’ resistance to taking those low paying jobs. 

They also encourage the SCHEGEN visa arrangements quite willingly especially since Angela Merkel’s assumption of leadership and who is seen as the most powerful woman politically in Europe. Most LGBTQ Jamaicans I am aware of who land on UK soil as asylum seekers or under-grounders cannot do much in terms of real good paying jobs so they take household jobs, fast foods work, volunteering at LGBT spaces to build their profiles and so on as legal fees can be a killing despite some grant aid by some LGBTQ outfits there.

Another video shot in Holland recently (this one came before - Rowdy behaviou by Jamaican gay men in Amsterdam) that appeared on social media of supposed bad behaving Jamaicans and similar ones have also not helped the situation by virtue of the comments made in Dutch suggests ostracism and indeed racism as well with the sub text being persons got an opportunity and they abuse it and bring their bad behaviour to their shores; while not assimilating as it were to their (Dutch) cultural norms. Alleged lotto scammers operating there seems to be also popping up more and more as well and I fear can lead to deep mistrust issues impacting those with legitimate cases. On the other hand Jamaicans there on a whole seem to be doing well given their respective social posts and their use of Dutch with is a part of the conditions for residency.

Some of the 42 deportees sent back to Jamaica by the United Kingdom, at Mobile Reserve in St Andrew, where they were being processed on September 7.

As we wait to see the rapidly changing times unfold more Jamaicans are going through some challenging episodes. The pesent state of affairs unde Obama saw more deportations up to 20,000 Jamaicans deported from the United States ; then what is to come under Trump if he wins?

More anon

Peace & tolerance

H

Jamaican Bisexual man wins right to stay in the UK after protracted deportation battle

So finally Orashia is now able to remain in the UK amidst the high publicity his case had received and the fear of his return to Jamaica may have put him at way higher risk than normal given the sensitivities involved.

Vienna Browne with her son Orashia Edwards, pictured centre, his sister Ashema Edwards, far right, and her wife Issy Mangham-Edwards

Orashia Edwards, 33, has spent three and a half years battling attempts to deport him to Jamaica – where he says he would face discrimination because of his sexuality.
Mr Edwards, who has been detained a number of times, initially had his pleas for asylum on the grounds of sexuality rejected – after authorities claimed was heterosexual and had just been “experimenting” with men.

The UK government pushed ahead with plans to deport Mr Edwards, even though homosexuality is illegal in Jamaica, and LGBT people face the risk of vigilante violence.
But this week he finally won the right to remain in the country, after a string of victories.

He said in a statement: ” I want to thank everyone who has supported my campaign over the years, none of this would have been possible.

“I’m finally allowed to work so have applied for my National Insurance number and can go get a job and open my own bank account. Things are really looking up for me, I’m buzzing.”


Despite the victory, a number of other LGBT people are still battling deportation to countries where they face jail, violence or even death.

So many Jamaicans have had to leave our shores especially in 2014/5 as a sharp rise in incidents has forced persons to leave and also for economic reasons as well.

The Defend Orashia Facebook page has been positive on the issue and thanked supporters for their interest.

family and friends outside courtroom in 2015

I am pleased this one ended well and he can now move on with his life and also the great support from his family especially his mother who spoke publicly before.

Peace & tolerance

H

Transgender Awareness Month .......... Diva Whitney & more

As November is seen as transgender awareness month I decided to highlight Miss Whitney Bowen and the other children with a glimpse of her journey as she now resides away from us (sad face) but life goes on.

She was featured in a video campaign two years plus ago where she came out and spoke to her journey:

whitney by glbtqjamaica

Then she also was an active participant in the Aphrodite's PRIDE Jamaica Seizmic Small Business & Personal Development Training cohort 1:

cute lol

APJ's Seizmic Training

also see: 
Aphrodite’s P.R.I.D.E. Jamaica Seismic Project Summary 2014


Aphrodite's P.R.I.D.E Jamaica's 'Seismic' Project wraps ......

good times in her new life below

realness in the DAYTIME baby!

Trans lives matter they say but I am saddened that we are losing the open voices to migration where they are forced to leave. 

Tiana Miller also featured in a video some time ago as well:

looking stunning as ever nowadays

Just Tiana archive video

Tiana speaking at APJ's training

Thankfully JFLAG has finally gotten its act up on transgender issues  and with involvement of the senior lady Satiba from APJ in recent training exercises hope remains while company is true.

Ashley aka Borefoot from back in the day is doing quite well nowadays, mi feel good

 here she is (right) when Nina Flowers performed in Jamaica at the now defunct Loft LGBT Club, diva Kerry is on Nina's left

Follow Ahsley's blog HERE

not to be left out is legendary Miss Poochie Lue ... performer at Club Heavens and Kling Kling party days. She too is abroad now.

also see:

Transgender Awareness Week: Taboo Yardies Screening in Kingston 2013

Peace & tolerance

H

please donate:

if the button does not work then go ........


by HERE (it should like as the picture above) or HERE

Bisexual asylum seeker has deportation flight cancelled .... appeal for June 17

As we continue to track this story from the UK some good news at least for now has come forth regarding Orashia, Jamaican Orashia Edwards is appealing rejected claim for asylum after tribunal alleged he was ‘experimenting’ and had been dishonest about his sexuality, this has been a concern for many years when I handled some cases at my time at JFLAG and other private ones. I wonder though since bisexuality is not as widely discussed as homosexuality why this challenge presents itself in this case?

The business of credibility is so crucial in asylum matters but one hopes Orashia is truthful or at least he seems so for now.

Orashia has a point on the part of the high publicity this matter has received and he maybe marked if after he is sent back here and local media picks up on it.

Going back to Jamaica would have meant death (Gay Times UK)
Orashia was released from Morton Hall detention centre where he was taken over a month ago. Inside detention he allegedly received death threats because of his sexuality.

He was being held there because an asylum tribunal refused to accept that he was bisexual.
Speaking to the Guardian from dentition, Orashia accused the Home Office of handling his case unjustly. The tribunal rejected his claim that he had been in a relationship with a man in Antigua.

“They said I was lying about my sexuality because I couldn’t remember details of the relationship.”

“I couldn’t tell them his date of birth, all I could remember was his star sign. He wrote a letter confirming that we had been in a relationship, but they refused to believe that we had been more than friends.”

Orashia said he is “relieved to be back home with friends and family and hopes his asylum claim will be granted soon”

The believability factor usually raises its head and non effeminate behaviours are sadly used to profile applicants allegedly by the Home Office as an old case comes to mind where a judge literally told a man he was not 'camp' enough to convince him. Added to that are the dishonest folks who make it bad for persons with genuine appeals as they work the system sometimes aided or urged by dubious solicitors to gain stay in the UK.

The UK's Guardian reported:

Immigration authorities have cancelled the deportation flight of a Jamaican asylum seeker who faced removal from the UK after the Home Office refused to accept he was bisexual.

Orashia Edwards, 34, had been held at Morton Hall immigration removal centre in Lincolnshire after being detained during a scheduled meeting with immigration officials. His family were told he could be deported at any time from 5 May, but Edwards was instead detained for nearly a month before being released pending a further appeal against his rejected claim for refugee status – the latest in a series of prolonged periods in detention.

He has been involved in a protracted battle with the Home Office after an asylum tribunal rejected his application, saying that he had been dishonest about his sexuality. But Edwards criticised the decision, claiming he had been the victim of institutional bias because of his sexuality.

“I think they are prejudiced against bisexual people,” Edwards said. “They say I have choices, that I could choose to be with a woman. Maybe if I had lied and said that I was gay things would have been different, but I’m just being honest. For years I was in denial about my sexuality, it took me so long to be honest with myself – I like men and I like women.”

Edwards’s asylum tribunal also alleged that while he had been sexually active with men, he had been “experimenting” with his orientation and was in fact heterosexual – an argument dismissed by bisexual activists as a common discriminatory trope.

“I’ve been in relationships with men and women since 2003,” Edwards said. “If I had been experimenting then maybe I would have slept with a man once and never gone back, but I’m bisexual, it’s who I am.”

He added that he believed his life would be at risk if he returned to Jamaica, where violence against gay, lesbian and bisexual people is widespread and sexual activity between men remains illegal under the country’s anti-sodomy laws.
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“I won’t survive if I go back,” Edwards said. “The media coverage of my case means that my picture and my story are all over the Jamaican media. Once you are perceived as homosexual or bisexual you are branded for the rest of your life.

“Even while I was in detention, the other Jamaicans there were saying that they could go back, but I couldn’t. It just wouldn’t be possible for me. I think that the Home Office staff are trained to reject anything they’re told. I’ve given them all the proof I can of my sexuality and they still refuse to believe me. I don’t know what more I could do.”

Edwards had submitted intimate pictures of himself with another man to support his case for refugee status, a practice that campaign groups have criticised as an example of endemic mistreatment of LGBT people in the asylum system.

Edwards’s partner, Michael Mardel, echoed his allegation of prejudice on the part of the Home Office and insisted he had not been dishonest about his sexuality. He said: “I’ve known Orashia for over two years, and to put it bluntly there is absolutely a sexual element to our relationship.

“Orashia has stayed the night at my house. He is absolutely not lying about his attraction to men. Our families have also become close, we have a genuine relationship. I think that the Home Office doesn’t understand the concept of bisexuality. They seem to think that you have to be one thing or the other, they don’t seem to accept that you can be attracted to both genders and that it’s not an either/or thing for everybody.”

Edwards’s mother, Vienna Brown, said she was overjoyed at her son’s release, but added that she remained nervous about the eventual outcome of his case. “I got an email from Orashia’s solicitor saying that he was going to be released, but it wasn’t until I heard the knock at the door and opened it and saw him there that I really believed it,” she said.

“I just fell to the ground and thanked God, because I’ve prayed so hard to have my son back with me. I’ve hardly slept since he was detained. I just hope that this will lead to more good news and that he’ll be allowed to stay in this country with his family and his friends.”

Edwards will bring an appeal against the rejection of his asylum claim, on 17 June. The Home Office has previously stated that it does not normally comment on individual asylum cases.

ENDS

1. Sign his petition

2. Watch & share the campaign film

3.  visit Defend Orashia Facebook

Petition: Don't Deport Orashia

You can sign HERE

UPDATE - Orashia is currently in Morton Hall detention centre, this is the 4th time he has been detained! This is putting a huge strain on his mental & physical health.

His fantastic legal team are working around the clock but the Home Office might try & issue yet more removal directions soon so please be ready to once again call the airline. 

Keep an eye on Defend Orashia FB page for updates :)

Thank you so much for all the support so far.

If he is forcibly removed by the Home Office, his life is in severe danger in Jamaica. All is family are settled in the UK and he would be completely isolated and in hiding. His case has gained mass media attention and support in the past months and he has become well known both here in the UK and in Jamaica.

In 2013 a Home Office spokesman said: ”We have changed our guidance to ensure that we do not remove individuals who have demonstrated a proven risk of persecution on grounds of sexual orientation.'' (PinkNews.co.uk). Why is this then happening to people like Orashia?

Orashia is an amazing person who has the ability to shine so much more than he has been given a chance to here in Britain. He is a faithful friend and does what he can to help and support others going through similar issues to him. He has a close family, many friends and is involved in various groups and organisations around Leeds. His situation has meant that life is a daily unknown battle for himself, his family, especially his mother who works overtime on order to support him, and those closest to him. Please sign this petition and demand Orashia be given a fair chance at a real life now and not be punished for his sexuality.

You can watch a short documentary about Orashia's story called State of Limbo here: http://youtu.be/Wy3R2QtqONM

Another documentary called Judgement Day about Orashia's court hearing on 30th June can be watched here:

http://www.youtube.com/watch?v=vVib2Hh6Oog

Here is a Channel 4 documentary - Unreported World, Jamaica's Underground Gays. http://www.channel4.com/programmes/unreported-world/4od#3705272 

Also the Guardian newspaper carried a piece on the issue:

Bisexual asylum seeker facing imminent deportation from UK to Jamaica

An asylum seeker who says he will be killed if he is returned to Jamaica because he is bisexual could be deported from Britain imminently, his family has said.

Thirty-four-year-old Orashia Edwards, who is currently being held at Morton Hall immigration removal centre in Lincolnshire, was refused refugee status in December 2013 when an asylum tribunal refused to accept that he was bisexual. He has since been embroiled in a long-running appeals process to have the decision overturned.

His supporters insist that he has had relationships with men as well as women, including his current same-sex partner, with whom he has been in a relationship with for around two years.

Speaking from detention, Edwards accused the Home Office of handling his case unjustly. He said that an asylum tribunal had rejected his claim that he had been in a relationship with a man in Antigua, where he lived for a time before coming to the UK.

“They said I was lying about my sexuality because I couldn’t remember details of the relationship,” said Edwards, who has agreed to be identified to highlight his case.

“I couldn’t tell them his date of birth, all I could remember was his star sign. He wrote a letter confirming that we had been in a relationship, but they refused to believe that we had been more than friends.”

The Home Office also pointed to the fact that Edwards was unsure of whether his partner had had any brothers or sisters, although LGBT immigration campaigners say that in countries such as Antigua – where male same-sex activity is punished by up to 15 years in prison – it is not unusual for gay, lesbian and bisexual people to withhold personal information even from intimate partners.

Edwards said he feared for his life if forced to leave the UK. “In Jamaica there is a huge amount of homophobia,” he said.

“If you go into the dancehalls and the clubs they play music saying: ‘If you are a batty man [a derogatory term for a gay or bisexual man] you get a bullet in the head, if you are a batty man you are condemned.’

“If I go back I will be tortured, I will be killed for sure. Because my case has been covered in Jamaican media there will be no way for me to hide. I’ve already received death threats on social media, people say I’m making the country look bad.”

Jamaica has repeatedly come under fire from human rights organisations over its treatment of LGBT people. The country’s anti-sodomy law carries a prison sentence of up to 10 years. LGBT rights activists have been murdered and one campaign group has documented hundreds of homophobic attacks. A video posted on a Jamaican blog in March 2015 purported to show a mob stoning to death a young man they suspected of being gay.

Edwards said he believed the Home Office had unfairly weighted the fact that he had been married to a woman and has a young daughter against his claim.

He added that he had submitted intimate pictures of himself and another man to the Home Office in an attempt to prove his sexuality, but that they had been discounted because he was not in a relationship with the man in the photographs.

“I told him about my situation and he suggested making the pictures,” Edwards said.

“It was extremely degrading for me to have to do, and still they didn’t believe me. I’m not a liar, it has taken years for me to be honest with myself about my sexuality and I’m not trying to lie to anyone else.”

Edwards’ mother, Vienna Brown, who is a resident of the UK, said her son would be left without any form of support in Jamaica.

“He has no one there,” she said. “His friends, his partner Michael, his entire life is here in the UK. If they send him back everyone will know who he is. He couldn’t hide his sexuality, even if he wanted to. They are sending my son to die.”

Migration and LGBT campaign groups have long been critical of Britain’s treatment of people claiming asylum on the basis of their sexuality. Paul Dillane, from the UK Lesbian and Gay Immigration Group, argued that procedures used to determine an applicant’s sexual orientation were inappropriate.

“One of the main problems that our clients face is having to ‘prove’ their sexuality to the Home Office,” he said.

“Many LGBT people are refused asylum as the Home Office simply refuses to accept their stated sexual or gender identity or the evidence they adduce: for example, their own testimony or supporting statements from family, friends and partners.

“For too long civil servants have resorted to relying on false stereotypes and humiliating questions to probe a claimant’s sexuality. These practices are degrading and need to stop.”

He added that bisexual claimants like Edwards faced particular difficulties in dealing with the Home Office.

“Civil servants and judges often wrongly label bisexual men and women as gay or lesbian, failing to appreciate it is a unique identity, or impose their narrow understanding of bisexuality on an asylum claimant,” he said.

“For instance, bisexual men or women with children are frequently dismissed as liars. There have also been cases where bisexual claimants have been asked why they simply cannot limit themselves to the opposite sex.

“These stereotypes and misconceptions corrupt the asylum system. Given the persecution LGBT people face around the world these asylum claims are often matters of life and death.”

A Home Office spokesman said: “We do not routinely comment on individual cases.”

Also see previous entries here:

Defend Orashia Campaign Launched to Stop Removal from the UK by Home Office

Bisexual man facing deportation to Jamaica

Defend Orashia Campaign Launched to Stop Removal from the UK by Home Office

In a follow up to a case I carried here in January of this year of a bisexual man who is Jamaican but is facing a possibility of being removed from the UK even after some ten years residing in that country is in fear of retribution if he is returned as the case has gotten some major press as of late. At one point he was made out to be a liar in a bid to get his stay in the UK and the authorities seem to also have bought into the line as well as he is not effeminate or "camp" as some other successful applicants are and are judged by.

A Facebook campaign has been launched entitled Defend Orashia led by No Border Leeds who have managed to convince persons as to the veracity of the story (including me) they have been on an aggressive public education drive since the matter broke.

Their latest post alongside their petition reads as follows(Aug 1):

"It's likely that the Home Office will try once again to issue removal directions shortly so please be ready to contact the airline.

In the meantime, check leedsnoborders.wordpress.com for how you can support & join our bloc at Leeds Pride tomorrow.

Press release-
Orashia's campaign gets support from Leeds Pride
Legal challenge continues as Orashia remains in detention

Leeds Pride Sunday 3rd August 12pm Millennium Square

The ongoing campaign by Orashia Edwards, a Jamaican bisexual fighting for asylum in Leeds, will be mentioned at the keynote speech during Pride tomorrow. Family and friends will march together to highlight the case of Orashia, who's currently in detention for the 3rd time this year. The march will also call for a complete review on how lgbti asylum seekers are processed as it is incredibly intrusive and currently 98% of people are denied asylum.

Orashia is currently in Colnbrook detention centre where his mental health has deteriorated dramatically but he cannot access the care he needs due to conditions there. Due to an intervention by his solicitor, he was able to see a psychiatrist who reported 'acute mental distress'. Obviously this condition cannot improve until he is released and campaigners will continue to focus on this.

His application for bail was denied on Friday 1st August as the Home Office hope to try and issue removal directions shortly. However Orashia's legal team will keep on fighting until he receives the protection he needs. Both a Judicial Review and a new bail application will be applied for on Monday."

ENDS

The Petition can be seen and signed HERE

The Group says:

If he is forcibly removed by the Home Office, his life is in severe danger in Jamaica. All is family are settled in the UK and he would be completely isolated and in hiding. His case has gained mass media attention and support in the past months and he has become well known both here in the UK and in Jamaica. This means that the danger his life is in, because of his sexuality, has increased and he was recently victim to a homophobic attack here in Leeds where he lives. This cannot be tolerated and if the British government and the Home Office say they stand for human rights and equality then they need to release Orashia from detention now.

In 2013 a Home Office spokesman said: ”We have changed our guidance to ensure that we do not remove individuals who have demonstrated a proven risk of persecution on grounds of sexual orientation.'' (PinkNews.co.uk). Why is this then happening to people like Orashia?

Orashia is an amazing person who has the ability to shine so much more than he has been given a chance to here in Britain. He is a faithful friend and does what he can to help and support others going through similar issues to him. He has a close family, many friends and is involved in various groups and organisations around Leeds. His situation has meant that life is a daily unknown battle for himself, his family, especially his mother who works overtime on order to support him, and those closest to him. Please sign this petition and demand Orashia be given a fair chance at a real life now and not be punished for his sexuality.

You can watch a short documentary about Orashia's story called State of Limbo here:http://youtu.be/Wy3R2QtqONM

Another documentary called Judgement Day about Orashia's court hearing on 30th June can be watched here: http://www.youtube.com/watch?v=vVib2Hh6Oog

LGBT Asylum Support Task Force (US)

Imagine yourself having just arrived from another country to the U.S. – you are an immigrant with no status. You left your country on a visiting or student visa stating that you intended to return. Yet, you knew that you couldn’t because your life was being threatened. You are seeking asylum from persecuting forces in your country. Now, imagine that the group you are fleeing from is every single other citizen of your home country, so you cannot seek support from fellow compatriots who are living here already. That is because the status of your very existence is “illegal” in your place of birth. The reason? You’re lesbian, gay, bisexual, or transgender, LGBT.

Such is the situation for countless LGBT asylum seekers in the U.S. due to persecution. Without assistance from those in their country, they need to find alternative support. As we know, even in our own stories as people of immigration, when coming to a new country, Irish stayed with other Irish families, Jewish with other Jewish, etc. The LGBT immigrant must squash their dream of freedom again as they temporarily stay with acquaintances in fear that their countrypersons will throw them out, abuse them, not feed them and let relatives back home know……if they discover that their visitor is LGBT. In Uganda if you do not report your own son or daughter if they are gay, you could be imprisoned for 14 years.

The LGBT Asylum Support Task Force was formed because LGBT persons are fleeing countries where it is illegal for them to be gay. Their families back in their country of origin may have disowned them, they could have been fired when their sexual orientation became public or was assumed. They might have become homeless or recipients of torture, imprisonment, or horror and they could have even watched friends and lovers die.

Pastor Judy Hanlon helps LGBT asylum seekers to get meals and a place to live, and provides spiritual food through her place of worship, Hadwen Park Church in Worcester, in central Massachusetts.

The Task Force started in 2008 when a Jamaica gay man told his lawyer, through his tears, that he was hungry, had no resources, and didn’t know where he would sleep that night. The lawyer fortunately knew a minister who had both compassion and connections. Pastor Judy Hanlon helped this young man to get a meal and an apartment and provided spiritual food through her place of worship, Hadwen Park Church in Worcester, in central Massachusetts.

In over 80 countries around the world, there are laws against homosexuality. These laws instill fear into the hearts of those who worry fervently that their secret will be spilled, lest they be persecuted. In over 70 countries, the punishment is imprisonment. In seven, the ruling is the death penalty. And, in most countries, punitive “corrective” action is taken against those considered to be “offenders.” This is usually rape and sometimes it is done by government officials.

Sadly, for lesbian asylum seekers, this is a matter of course. Moreover, most women are forced to leave their precious children back home just to survive! Often these laws are enacted without a fair trial. If the persecuted person lives, they must flee the country, if they can. Even if they had well-paying positions in their countries, their home country freezes their bank accounts and they find themselves destitute when they arrive on these shores.

Once gay or lesbian asylum seekers arrive in a country where laws protect LGBT persons, they must first find legal help as the process to file an LGBT political asylum case is daunting and difficult. The final coup de grâce, is that they must prove that they are gay to a stranger in an immigration office!

Since they have not been able to march in parades, take pictures of themselves and their partners, are too frightened to even say the word gay out loud, this is not easy. Often they come without knowing that in the USA, asylum seekers are not allowed to work! They come not realizing that they have only one year from the date they arrived to file with an attorney.

Without knowledge, they experience more cultural abuse and disorientation, including America’s own racism which is different than the hatred they experienced because it is insidious and unspoken. PTSD is common and they can fall deeply into depression as they relive horrific memories of traumatic treatment they underwent.

Being perpetually hungry, feeling unsafe, and being financially vulnerable is no way to rebuild a life. Moreover, there is tremendous sense of grief, as well as pain, for the losses they face: country, language, culture, family – everything familiar – is gone. The Task Force has provided physical, emotional, and spiritual support to nearly 80 people from over 15 countries since its inception in 2008.

Beyond food and shelter, the LGBT Asylum Support Task Force – which is staffed completely by volunteers – helps these individuals until they have filed their cases and have been granted asylum or given a work permit, which is denoted by a social security number. This basic necessity, a social security number, allows asylum seekers to work so that they can begin to become self-sufficient, and thereby take an important step towards restoring their dignity.

With no status, as an asylum seeker, they cannot receive food stamps and do not get any support from the federal government. Once asylum seekers get a work permit, the Task Force helps them secure job interviews as well as writing letters of reference after individuals have applied for positions.

Funds for LGBT asylum seekers run in the thousands per month – approximately $5000 for eight or nine people (at a time) – to keep them housed, clothed, fed, and transported. In the homes provided, persons can be open about their sexual orientation and gender identity. That is an important step toward healing. Support for the Task Force comes from donations because public assistance is not available for this group, since they are undocumented until they win their cases. The Task Force also provides events that lift the spirits of these individuals, and provides them with community that can sustain them as they establish their lives in their new home countries.

By Fern Remedi-Brown

Sources:
LGBT Asylum Support Task Force
Personal communication with Pastor Judy Hanlon, LGBT Asylum Support Task Force
Guardian Liberty Voice
Guardian Liberty Voice
Human Rights Campaign, Issue: Immigration

Uganda President ratifies Anti-Homosexuality Bill; MEPs: ‘Suspend political agreement with Uganda!’

Edited by H

Of course well thinking persons despite sexual orientation or religious background sees the recent signing of the much touted anti homosexual bill in Uganda as plain madness, the EU has acted and other countries have withdrawn aid as posted in the entry immediate to this one. The EU LGBT Intergroup has released a release regarding this gravest of acts on the African continent in recent times and is a cause for concern as the rhetoric being used to justify the plain hate is preposterous.

I stand in solidarity with our counterparts in Uganda not because they are LGBT people but simply because they are HUMAN and deserve to exist especially in a world where knowledge while increased and accessible is deliberately being manipulated by political directorates in order to stay in power.

Yesterday the President of Uganda signed the Anti-Homosexuality Bill into law. The new law vastly expands the criminalisation of LGBTI individuals, and now forces parents, teachers and doctors to report LGBTI persons to authorities.

Under the Penal Code Act 1950, consensual sexual activity between same sex adults was already punishable by life imprisonment.

Apart from bolstering older anti-sodomy laws, the new law punishes persons keeping a house or rooms for the ‘purpose of homosexuality’ (i.e. landlords or parents of LGBTI persons) with a maximum of 7 years’ imprisonment.

The ‘promotion of homosexuality’ also becomes punishable by up to 7 years’ imprisonment. This will have severe consequences for human rights defenders, including heterosexual individuals.

Previous drafts of the bill included the death penalty for HIV-positive individuals, or ‘repeat offenders’. These ‘offences’ are now punishable with life imprisonment.

UNAIDS has warned that the criminalisation of homosexuality has severe negative consequences for HIV programmes, and public health generally.

Michael Cashman MEP, Co-President of the LGBT Intergroup reacted: “I am appalled by the adoption of this bill which breaches the most fundamental right of all: the right to life.”

“I call upon EU Member States and the European Commission to start, as a matter of urgency, the procedure to suspend Uganda from the ACP-EU Cotonou Agreement on the grounds of grave human rights violations.”

Olle Schmidt MEP, Member of the EU-ACP Joint Parliamentary Assembly and Member of the LGBT intergroup added: “This development is extremely dangerous and literally threatens the lives of lesbian, gay, bisexual and transgender people. LGBT people should be able to live their lives without fear of arbitrary arrests and violence against them, simply for being who they are.”

“The EU and its Member States should use all their powers to push for decriminalisation, and should assure that all LGBT people have the right of asylum in the EU because of the discrimination they face at in their home countries.”

Bisexual man facing deportation to Jamaica has flight cancelled

A bisexual man due to be deported to Jamaica today has had his flight cancelled after a protest was held in Leeds.

Supporters of Orashia Edwards, 32, say he is at risk of persecution if returned to the country, due to his sexuality.

Leeds No Borders, who campaign on behalf of LGBT asylum seekers, staged a protest in support of the 32-year-old outside Waterside immigration court on Friday afternoon.

Mr Edwards was due to be deported on Monday 13 January – but his flight has now been cancelled – although he is still at risk of being deported.

His mother says Mr Edwards has been living in Britain for the past 14 years and should not be returned to Jamaica.

He has a five-month-old daughter living in the UK, along with the rest of his family.

Campaigners have frequently documented alleged cases of officials deporting LGBT asylum seekers back to countries where they face homophobic persecution.

The claims have always been denied by the Home Office.

Violent homophobia and transphobia remains a key problem in Jamaican society.

Transgender teenager Dwayne Jones was murdered in the Jamaican suburban parish of St James last July.

previously:

Photo owned by Yorkshire's Evening Post

A protest has taken place outside an immigration court in Leeds over the plight of a bisexual man who faces deportation to Jamaica.

Supporters of the man, named only as Orashia, say he is at risk of persecution if returned to the country, due to his sexuality.

Leeds No Borders, who campaign on behalf of LGBT asylum seekers, staged a protest in support of the 32-year-old outside Waterside Court on Friday afternoon.

The group said: “Orashia is bisexual and fled Jamaica, a country notorious for its homophobic attacks, to seek safety in the UK. Amnesty’s latest human rights report states that ‘attacks and harassment of LGBTI people were reported to be increasing’ in Jamaica.”

Leeds No Borders added: “As a result of years of trauma and also his treatment by immigration, he suffers from depression and panic attacks. However thanks to the amazing support of Leeds gay support groups such as MESMAC and ReachOUT, Orashia was able to tell his family about his sexuality, be open about having male partners and undergo counselling.

“He was finally starting to get his life back together but everything changed when he was detained at UKBA Waterside Court in early December.”

According to the group, Orashia is due to be deported on Monday 13 January. He has a five-month-old daughter living in the UK, along with the rest of his family.

Campaigners have frequently documented alleged cases of officials deporting LGBT asylum seekers back to countries where they face homophobic persecution.

The claims have always been denied by the Home Office.

Violent homophobia and transphobia remains a key problem in Jamaican society.

Transgender teenager Dwayne Jones was murdered in the Jamaican suburban parish of St James last July.