Below you will find a post which the editor of UK Gay News, Andy Harley, just sent to the Euroqueer list in which he describes what went few days ago in the case of a gay Iranian refugee in the U.K. courts. I thought you'd like to see it. Andy is a good guy and a friend, a retired radio journalist who runs UK Gay News as his contribution to the world struggle (and a very useful online news service it is, too.) If you need to be in touch with him about this case, his e-mail is editorial@ukgaynews.org.uk

FROM ANDY HARLEY, U.K. GAY NEWS:
Brian hit the nail squarely on the head.  Immigration issues are certainly hidden “in the closet” in the UK and our supposed gay-friendly government simply does nothing to address the issue of gay asylum seekers.

There are two main reasons for this.  The UK tabloid press generally hates foriegners and they carry articles about that whips their readership into such a frenzy that the words “asylum seeker” is a dirty word as every person seeking refugue here to to sponge from the tax payers.  So powerful as these so-called “newspapers” that politicians are scared of them. The second reason is because, as the Home Secretary famously told Parliament last year, the Home Office is “not fit for purpose”. It is out of control and the elected politician who ”carries the buck” for the Home Office is either unasble or unwillling to make the sweeping changes required, so that he or she calls the policy shots rather than the unelected civil servants. This is especially true of the way asylum cases – and specifically asylum cases involving gay men and women – are handled.Only yesterday, I attended a Home Office Immigration Appeals Court here a gay Iranian who had fled from his apartment across the rooftops where he lived in Iran to escape the Shia vigilanties.

I am ashamed to say that the dice were heavily loaded against the gay Iranian.  His legal representation left a lot to be desired through no fault of his own – he is not allowed to earn money so therefore cannot afford expert lawyers.  The Home Office’s legal person was a “smart alec” who tied the appellant’s representative in knots.

This was the final appeal in the Home Office’s process – if the judge finds for the gay Iranian (the decision will be known in three weeks), then the Home Office can appeal to the High Court.  However, would access to a High
Court appeal by a pennyless gay guy be available if the judge rules in favour of the Home Office?

On the plus side, the judge did pass comment that the gay Iranian was well educated, had a very good command of English, though he was unable to speak our language when he arrived around five years ago.  He also seriously
questioned the Home Office’s suggestion that the gay Iranian should be deported back to Tehran when he could apply for his papers at the British Embassy, in the usual way!

Fortunately, a couple of UK Members of the European Parliament have become interested in this particular case.  One of them submitted a letter to the Home Office Immigration Appeals Court, while the other, a senior Labour
(PES) MEP is said to be working behind the scenes with government ministers.

While any government in any country has to have some form of deciding who is genuine, they system here is simply not fair on the genuine gay people who come here as a result of persecution on the grounds of their sexuality in their own countries.  In many cases, gay men and women arrive in what they perceive to be a “friendly country” as a result of imminent danger and with no time to visit their local Embassy and go through the long-winded process of a normal application.

However, often the plight of gay asylum seekers are indeed swept under the carpet – not even known to the campaigning groups let alone to the “sympathetic” media.
This sort of thing is happening far too often.  But I will not give in – I will continue to do what I can, whether it is publicly or “behind the  scenes”.  I will continue to make an effort to go to a Peter Tatchell demonstration when I can – alas London is 2.5 hours from where I live.  I will continue to speak privately to Members of Parliament or even write to Tony Blair – in fact, as a letter or phone call takes a relatively little time, I’ll do more!
Alas, too many gays in this world – especially in the UK –  are more concerned about what they are going to wear to the gay bar, and which one to go to, than the plight of others in our world-wide community who live in constant fear of falling foul of very repressive laws in some countries.

Andy Harley

Feb 2007