It is not possible to have a single verifiable methodology that can ascertain an asylum claimant’s sexuality.
The United Kingdom government has on many occasions sought to refuse asylum claims from those raising protection issues based on their sexual orientation by making adverse credibility conclusions in relation to the fact itself of being gay. The starting point on appeal where such a claim is refused is to seek to establish and persuade the asylum Tribunal of the fact of homosexual orientation. Where no acceptance on this issue is made by the Tribunal then arguments of risk of return with the usual considerations of principles on internal relocation and availment to police protection are largely irrelevant even if it can generally be shown that returning a person of homosexual orientation to the relevant risk country would be subject to persecution.
The assessment of consideration of such types of claims has at often times resulted in intrusive questioning by interviewing immigration officers who in turn have been criticized as insensitive.
Alice Muzira’s latest blog on having respect for gay asylum claimant’s private lives and how there needs to be human dignity when assessing claims…. No stereotyping, No intrusive questioning, No requirement to prove sexuality. To read more, click on http://ukimmigrationjusticewatch.com/latest-articles/respect-for-gay-asylum-claimants-private-lives-and-human-dignity-in-assessing-claims-no-stereotyping-no-intrusive-questioning-no-requirement-to-prove-sexuality/