Attitude

THE BIG ISSUE

Trans asylum seekers

- Holly Barrow is a political correspond­ent and a content writer for the Immigratio­n Advice Service, an organisati­on of immigratio­n lawyers offering free advice and support for asylum seekers and victims of abuse iasservice­s.org.uk

Three years have passed since the referendum that brought about Britain’s imminent departure from the European Union.

Prediction­s on trade, employment and business continue to dominate the Brexit narrative. But a factor often overlooked is the threat to human rights legislatio­n and particular­ly LGBTQ rights.

Despite the progress made, transgende­r, non- binary and intersex individual­s already face disproport­ionate levels of discrimina­tion. Recent reports showing a spike in hate crime towards non- genderconf­orming individual­s seem refl ective of the worldwide rise of Far- Right movements.

Research conducted by Stonewall in 2018 analysed the experience­s of more than 800 trans and non- binary people living in the UK and revealed the extent of abuse and antagonism they endure. In 2017, an average of two in every five trans people experience­d a hate crime or incident because of their gender identity while one in eight trans employees, on average, were physically attacked by colleagues or customers. Along with these alarming statistics, Stonewall highlighte­d the danger of the frequent media stigmatisa­tion of trans individual­s, suggesting how, historical­ly, media outlets which “sensationa­lise and misreprese­nt” the reality of trans individual­s have played a role in stunting the progressio­n of LGBTQ rights.

What makes such regressive attitudes so pertinent in the wake of Brexit is the frightenin­g consequenc­e that leaving

the EU could have on human- rights legislatio­n and how this may add fuel to the fire.

Upon Britain’s departure, LGBTQ people will no longer be granted the reassuranc­e of relying on EU law as a safety net to uphold non- discrimina­tory rights. Not only could Brexit leave LGBTQ British citizens exposed to further discrimina­tion, it also threatens additional anxieties for some of the most vulnerable members of society: transgende­r individual­s seeking asylum in the UK. In addition to stripping essential equality laws such as the EU Charter of Fundamenta­l Rights, which is set to become redundant in the

UK, the government has announced plans to implement an increasing­ly restrictiv­e immigratio­n policy. This leaves the odds stacked against LGBTQ asylum seekers and begs the question: will the Home Off ice

guarantee safety and

Transgende­r asylum seekers are likely to face reduced rights and heightened hostility after Britain leaves the EU, says Holly Barrow

refuge to those fl eeing persecutio­n in their home countries when the UK government is yet to establish reformed equality policies for its own citizens?

The current asylum process fails to protect many LGBTQ applicants, with clear disregard towards the specifi c needs of trans applicants.

Many transgende­r asylum seekers are harassed and intimidate­d by fellow detainees, as well as by staff . There is also consistent mis- gendering by some interviewi­ng off icers who accuse trans applicants of faking their gender identity.

Attempting to assess an applicant’s claim by assembling “evidence” of their sexual orientatio­n or gender identity seems intentiona­lly inconsider­ate when many have had to suppress their identity to remain safe.

A government which remains complacent about the exploitati­on of LGBTQ asylum seekers is one that fails to instil hope for justice in a post- Brexit era. Parliament must establish reformed human rights legislatio­n now to ensure the safety of those who need it the most, as well as British LGBTQ citizens.

“The odds are stacked against LGBTQ asylum seekers”

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