Asylum claims on the basis of sexual orientation 2022
Updated 14 November 2023
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All statistics here relate to the number of asylum claims made where a person’s sexual orientation formed part of the basis of their claim. The data include claims with a lesbian, gay, or bisexual (LGB) element, but other forms of sexual or gender identity may also be considered when addressing a claim. Asylum claims where sexual orientation formed part of the basis for the claim will be hereafter referred to as LGB claims.
On 11 March 2020, the World Health Organisation (WHO) declared the COVID-19 outbreak as a global pandemic. A range of restrictions were implemented in many parts of the world, and the first UK lockdown measures were announced on 23 March 2020. The COVID-19 pandemic has had a significant impact on the UK immigration system, including applications and decisions on asylum applications, both in terms of restricting migrant movements to and from the UK and the impact on operational capacity.
Data relates to the year 2022 and most comparisons are with the year 2019 (reflecting a comparison with the period prior to the COVID-19 pandemic). Factors such as data recording, data time lag and the need for asylum seekers to explicitly mention sexual orientation during their application to be recorded will impact the number of recorded LGB applications. Additional information about the limitations of these statistics can be found in the ‘About the statistics’ section.
1. Asylum applications with a sexual orientation element
Data in this section refer to asylum applications from main applicants made in 2022.
In 2022, 2% of asylum claims in the UK (1,334 claims) included sexual orientation as part of the basis for the claim (LGB asylum applications).
Figure 1: LGB asylum applications1 lodged in the UK, 2015 to 2022
Source: Experimental statistics: Asylum claims on the basis of sexual orientation - Table SOC_01 and Asylum applications, initial decisions and resettlement - Asy_D01
Notes:
- Main applicants only.
The number of LGB claims in 2022 almost doubled (89% increase) compared to 2021. However, LGB claims in 2022 were still 26% lower than in 2019, prior to the COVID-19 pandemic. Whilst LGB applications fell between 2019 and 2022 (as shown in Figure 1), overall asylum applications more than doubled, meaning that LGB claims account for a smaller proportion of overall asylum claims (2% in 2022, compared to 5% in 2019).
Pakistani nationals accounted for the largest number of LGB asylum applications in each of the last 6 years and accounted for 21% of all LGB applications in 2022 (278 applications). In contrast, Pakistani nationals were the 10th largest nationality for overall asylum applications (and accounted for just 3% of overall asylum applications).
For most nationalities, LGB asylum applications account for a small proportion of total asylum applications. There are a few notable exceptions to this, such as Uganda. Although the total number of Ugandan asylum applications were relatively small (1,258 applications from 2015 to 2022), 54% of the applications received from Ugandan nationals were applications with an LGB element to the claim.
There were a similar number of LGB applications from Iranian nationals over this period (650 applications from 2015 to 2022), but these only make up 2% of all asylum applications from that nationality.
2. Initial Decisions
Data in this section refer to initial decisions made on asylum applications in the calendar year 2022. Decisions may relate to an application made in an earlier year, and therefore are not directly comparable with applications over the same period.
In 2022, there were 1,024 initial decisions made on LGB asylum applications (main applicants only), of which 72% were grants of asylum or an alternative form of leave (739 grants). The grant rate in 2022 was almost two-thirds higher than in 2019 (72% in 2022, up from 44% in 2019) but similar to the overall grant rate for all asylum applications (76%), which has also risen over this period. The current grant rate for LGB asylum applications is more than 3 times the rate in 2017, when only 22% of LGB cases resulted in a positive decision.
Not all of these individuals will necessarily have been granted protection on the basis of their sexual orientation. Similarly, other LGB asylum seekers may be granted protection without referencing their sexual orientation in their claims, and therefore would not be included in these figures.
Figure 2: Initial decision1 on LGB asylum applications, and the grant rates2 on such applications, 2015 to 2022
Notes:
- Main applicants only.
- Grant rate is the proportion of initial decisions which resulted in a grant of protection or other leave. Grant rate is based on year of initial decision and is not directly comparable to applications, which are based on the date the asylum application was made. Grant rate is shown within the white boxes.
Figure 2 shows that LGB initial decisions have been lower in the last 4 years compared with the peak of 1,887 in 2017. This is similar to recent trends for all asylum decisions, likely linked to pandemic disruptions to asylum processing activities. Between 2019 and 2022, the number of LGB decisions have remained at a similar level (1,024 initial decisions in 2022 compared to 1,073, 921 and 1,049 in 2019 to 2021 respectively).
The numbers of LGB claims granted protection have remained at a similar level since the time series began in 2015, averaging 546 per year, although have been higher in the last 2 years. 739 grants in 2022 is the highest number of LGB grants in any year since this series was introduced.
Conversely, the number of refusals at initial decision have been considerably lower over the last 3 years and have been consistently falling from the peak in 2017 of 1,464 refusals to just 285 in 2022. This results in the increasing grant rate for LGB claims since 2017, resembling the wider trends seen for the overall asylum grant rate.
Grant rates can vary for several reasons, including the protection needs of those who claim asylum in the UK, as well as changes in operational or policy decisions.
Figure 3: Grant rates at initial decision1 on LGB asylum applications, by nationality2, 2022
Source: Experimental statistics: Asylum claims on the basis of sexual orientation - Table SOC_02
Notes:
- Main applicants only.
- Nationalities are those with at least 50 initial decisions made on asylum claims with a sexual orientation basis over the period.
Figure 3 shows that the asylum grant rates for LGB cases vary for different nationalities. Overall, the grant rate for LGB claims (72%) in 2022 is lower than the grant rate for non LGB claims (77%). However, nationalities who more commonly claim asylum on the basis of sexual orientation typically see higher grant rates for LGB applications than for non-LGB applications.
3. Appeals
LGB asylum appeals data for 2022 was not available at the time of data extraction for this release, due to ongoing work as immigration data transitions to a new case working system. Updated data will be included in a future edition of the Immigration system statistics release. The data included below is the most recent available, to 2021.
Data in this section on appeals received refer to appeals from main applicants which were lodged in the calendar year 2021. Data on determinations of appeals refer to appeal decisions that were made in the calendar year 2021 and may relate to an appeal lodged in an earlier year. Therefore, data on appeals determined is not directly comparable with appeals received over the same period.
There were 355 appeals lodged relating to LGB applications in the UK in 2021, representing 9% of all asylum appeals lodged in the year.
In 2021, less than half (41%) of appeals determined relating to LGB asylum applications were allowed (meaning the applicant successfully overturned the initial decision). This was slightly lower than the appeal success rate for non-LGB asylum applications (50% of non-LGB appeals determined in 2021 were allowed). However, reflecting the pattern observed for grant rates at initial decision, the nationalities who more commonly claim asylum on the basis of sexual orientation more often had a higher appeal success rate for LGB-related asylum claims compared to the success rate for non-LGB claims.
4. About the statistics
Immigration data, previously recorded in the Home Office’s Case Information Database (CID), is transitioning to a new system (Atlas). Data for 2021 and 2022 have been extracted from this new system. These figures are therefore provisional and subject to future revisions. Ongoing data quality checks do not at present suggest any large impacts from this change.
These statistics show the number of asylum claims where sexual orientation was raised as a basis, or part of the basis, of the claim. Additionally, information is provided on initial decisions and appeals relating to claims where sexual orientation was raised as a basis, or part of the basis, of the claim.
The statistics do not show:
- whether sexual orientation was the sole basis for the asylum claim
- whether sexual orientation was raised as the basis of the asylum claim at the time the claim was made, or whether it was raised at a later stage (such as at appeal)
- whether the sexual orientation element of the claim has any bearing on the outcome (for example, a claim may be based on multiple factors); the outcome of the claim may or may not be due to the sexual orientation element
- the number of asylum claimants who define themselves as LGB; having an identifier that an asylum case is based on sexual orientation does not indicate that a claimant has any particular sexual orientation; it also does not signify whether that aspect of the claim has been accepted; sexual orientation as a basis of claim could be due to imputed assertions or association rather than a defining characteristic of the claimant
- whether the sexual orientation element of the claim had any bearing on the appeal being lodged, or the outcome of the appeal
- any individuals at risk of persecution due, in part or in full, to a sexual orientation component who have been granted protection through other routes, such as resettlement routes
Applicants are not required to disclose their sexual orientation when applying for asylum. Therefore, these statistics reflect the claims made by asylum applicants and do not reflect a confirmed sexual orientation of the applicant.
Some individuals may have less reason to mention sexual orientation when making a claim because it may not be a significant factor in their case for protection. Such cases would be under-represented in these statistics.
The data presents information on asylum claims, initial decisions, and appeals where sexual orientation was raised as part of the basis for the claim at some stage prior to reaching a final outcome. The sexual orientation element could be raised at any stage of the process (for example, as part of the asylum case, appeal, or as part of other casework), but may not form either the sole basis, or one of the grounds for the claim, or the decision.
Data on sexual orientation were not routinely recorded in a reportable format prior to 2015. This means that sexual orientation claims raised before 2015 that had an initial decision in 2015 or later may not be counted in the initial decisions data (unless the flag was raised in 2015 or later). Similarly, an appeal relating to an application raised prior to 2015 may not be included in the data if the sexual orientation element was raised before 2015. Therefore, the number of initial decisions and appeals may be an undercount. This will affect earlier years to a greater extent than more recent years, so trends over time should be interpreted with caution.
The recording of references to sexual orientation is likely to have improved in recent years. However, users should exercise caution when making comparisons over time, as the data could be impacted by changes in recording practices.
Like other data derived from administrative data, these numbers are correct as at the time of data extraction and may be updated in subsequent statistics releases.
5. Data tables
Data referred to here can be found in the following tables:
For data on applications, decisions and appeals for all asylum cases:
For data on applications, decisions and appeals for asylum cases where sexual orientation formed part of the basis for the claim:
6. Experimental Statistics
These statistics are designated as ‘Experimental Statistics’. Although the statistics in their current form have undergone a strict quality assurance process, the limitations are well understood (and outlined above) and improved guidance provided to caseworkers who record the information leads us to believe the data is robust, these statistics remain under review.
Immigration data, previously recorded in the Home Office’s Case Information Database (CID), is transitioning to a new system (Atlas). Developments are ongoing but data quality checks do not at present suggest any large impacts from these changes will be apparent. The information reported in the LGB section will remain experimental until these developments are complete.
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See section 6 of the ‘About this release’ section for more details.