Ugandan Lesbian Wins Asylum Case in UK – Still in Danger

How can we save our brothers and sisters from certain death? Do we not have an Obligation?

Posted by Melanie Nathan, San Francisco - 2-24-10- . In the face of a Gay Kill Bill before the Ugandan legislation, it seems that the fate of a lesbian asylum seeker in the UK, may nonetheless continue to receive opposition from the Home Secretary, Alan Johnson, based on the deplorable argument that it is safe to return her to Uganda.

This Ugandan lesbian, known only as ‘SB’, has won an asylum court case in the High Court against Home Office arguments that she could safely be deported, however it will now go to judicial review

The case featured strong evidence of the persecution of lesbians in Uganda. The government’s defense highlights how the UK asylum system will make every effort including breaking and twisting both rules and evidence to deport lesbians and gays, says a Paul Canning from LGBT Asylum News at http://madikazemi.blogspot.com/2010/02/ugandan-lesbian-wins-uk-asylum-court.html

“Fleeing from Uganda

SB had been briefly detained by police for her lesbianism in September 2003 in Mukono, just west of Kampala (which has ties to Guildford), and again in Kampala in May 2004. Released, she was put on bail but because she had not complied with their reporting conditions she was put on a ‘wanted list’.

That November she traveled on a visitor visa to the UK. She overstayed the visa and was discovered during an immigration sweep. Found to have a false Ugandan passport she was arrested and sentenced to 12 months’ imprisonment.

Many LGBT asylum seekers do not immediately claim asylum for a variety of reasons, including shame or simply a lack of awareness that they can claim asylum. False papers are often used to escape oppression but lead to criminal charges.

In June 2008, SB claimed asylum. This was refused point blank by the Home Office: they did not believe either that she was a lesbian or that she had been detained by police.

She appealed before an immigration judge in March 2009 but asylum was again refused on the basis that “there was no evidence that she was at risk of ill-treatment of such severity [once deported] as to amount to persecution.”

That judge agreed with the Home Office’s case that there was only ever one case of persecution of lesbians in Uganda, which had involved the high profile chair of a gay group. Because, the judge said, SB was “a very discreet person, and had conducted her sexual relationships discreetly in the past – and would continue to” she could be safely deported.

However the judge did accept the fact that she was a lesbian, that she had been detained by the police and ran the risk of being detained again.

She filed another appeal in July 2009 but on 2 November a caseworker issued an order to seize, detain and then deport her.

On 5 November further representations were made which included far more detailed and up-to-date evidence on the position of lesbians and gays in Uganda. But these were again rejected out of hand by the Home Office who plowed on with their drive for deportation.

Justice Hickinbottom described this decision as “irrational”.” READ The details of the case including evidence and ruling by clicking on this link HERE.

I would like to call on the US Government to proceed with a more vigorous challenge and to pursue sanctions against UGANDA for the practices of hate against the LGBT citizens of those countries. We should not be sitting back to see if they will or will not pass the anti gay legislation. It will be too late.

At the same time as humankind we need to find a way to get as many LGBT Ugandans out of Uganda and into the safety of fast track Asylum here in the USA. Call your Representatives to check if this is on their radar or to ask if they plan to wait until a few thousand are murdered under the guise of legality.

America Let us send a few Planes!!!! Entebbe here we come. I bet the Israelis would do it if asked….. !