National statistics

Asylum claims on the basis of sexual orientation 2021

Updated 23 September 2022

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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 may not cover other forms of sexual or gender identity. 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, both in terms of restricting migrant movements to and from the UK and the impact on operational capacity.

Data relate to the year 2021 and most comparisons are with the year 2019 (reflecting a comparison with the period prior to the Covid-pandemic).

These statistics have been designated as Experimental Statistics. 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 below.

1. Asylum applications with a sexual orientation element

Data in this section refer to asylum applications from main applicants made in 2021.

There were 415 asylum applications lodged in the UK in 2021, where sexual orientation formed part of the basis for the claim (LGB asylum applications), representing 1% of all asylum applications. This was 77% fewer than 2019. In contrast, total asylum applications increased (by 36%) between 2019 and 2021.

Figure 1: Asylum applications¹ lodged in the UK where sexual orientation formed part of the basis for the claim, 2015 to 2021

Source: EXPERIMENTAL STATISTICS: Asylum claims on the basis of sexual orientation -Table SOC_01 and Asylum applications, initial decisions and resettlement – Asy_D01

Notes:

1. Main applicants only.

Figure 1 shows that the number of LGB asylum applications fluctuated in the years prior to the pandemic but in the latest year the number was much lower. LGB applications in 2021 were around a fifth of the level in 2016 (415 compared to 2,212). The proportion of total asylum applications that these LGB related claims account for has also reduced (from 7% in both 2016 and 2017 to 1% in 2021).

Pakistani nationals accounted for the largest number of LGB asylum applications in each of the last six years and accounted for 20% of all LGB applications in 2021 (81 applications). In contrast, Pakistani nationals were the 9th largest nationality for overall asylum applications (and accounted for just 2% 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 Malaysia. Although the total number of asylum applications are relatively small (853 applications from 2016-2021), 40% of these applications received from Malaysian nationals were applications with an LGB element to the claim. On the other hand, there were a similar number of LGB applications from Albanian nationals over this period, 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 2021. Decisions may relate to an application made in an earlier year, and therefore are not directly comparable with applications over the same period.

In 2021, there were 1,050 initial decisions made on LGB asylum applications (main applicants only), of which 677 were grants of asylum or an alternative form of leave. Total grants were 43% higher in 2021 compared to 2019. Not all of these individuals will necessarily have been granted protection on the basis of the sexual orientation element of the claim. Similarly, other LGB asylum seekers may be granted protection without referencing their sexual orientation.

Figure 2: Grant rates at initial decision¹ on asylum claims where sexual orientation formed part of the basis for the claim, by nationality², 2021

Source: EXPERIMENTAL STATISTICS: Asylum claims on the basis of sexual orientation-Table S0C_02

Notes:

1. Main applicants only.
2. Nationalities are those with at least 50 initial decisions made on asylum claims with a sexual orientation basis over the period.

Figure 2 shows that the asylum grant rates for LGB cases vary for different nationalities.

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. In 2021, Iranian nationals had a grant rate of 92% for LGB claims but also 89% for non-LGB applications, whereas for Bangladeshi nationals the difference was larger, with a grant rate for LGB asylum applications of 65% compared to a non-LGB grant rate of 19%.

Figure 3: Initial decisions¹ on asylum applications lodged in the UK where sexual orientation formed part of the basis for the claim, and the grant rates² on such applications, 2015 to 2021

Source: EXPERIMENTAL STATISTICS: Asylum claims on the basis of sexual orientation -Table SOC_01 and Table SOC_02

Notes:

1. Main applicants only.
2. 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 shown in the white boxes.

Figure 3 shows that LGB initial decisions have been lower in the last three years compared with a peak of 1,887 in 2017. In 2021, the number of LGB decisions were at a level similar to pre-pandemic 2019 (1,050 initial decisions in 2021 compared to 1,073 in 2019). The numbers of LGB claims granted protection have remained at a similar level since the time series began in 2015, averaging 519 per year. There were 677 grants of protection in 2021. However, the number of refusals at initial decision has been considerably lower over the last three years, falling from a peak in 2017 of 1,464 refusals to 373 in 2021.

As a result, although the grant rate for LGB asylum applications decreased between 2015 and 2017, from 39% to 22%, since 2017 the grant rate has increased, and now almost two thirds (64%) of LGB asylum applications were granted at initial decision in 2021. The recent increase in grant rate for LGB applications may in part reflect the increase in overall asylum grant rate over the last few years. 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.

Previously, the grant rate for LGB asylum applications had been substantially lower than the grant rate for non-LGB asylum applications. However, this gap has been closer in recent years, with the LGB asylum application grant rate (64%) being only slightly lower than the non-LGB asylum applications grant rate (73%) in 2021.

3. Appeals

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 are 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.

There were 37% fewer appeals lodged relating to LGB asylum applications in 2021 compared to 2019, the year preceding the pandemic (355 in 2021 and 565 in 2019). The lower number of appeals may be linked to the fall in the number of LGB asylum applications refused at initial decision. Prior to 2018, the number of appeals had been increasing, but this may in part reflect improvements in the use of the sexual orientation identifiers by caseworkers following its wider introduction in 2015.

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

These statistics show:

• the number of asylum claims where sexual orientation was raised as a basis, or part of the basis, of the claim
• the initial decision of claims where sexual orientation was raised as part of the claim
• the number of appeals received for asylum cases where sexual orientation was raised as part of the claim
• the outcome of appeals for asylum cases where sexual orientation was raised as part 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:

• Asylum tables

For data on applications, decisions and appeals for asylum cases where sexual orientation formed part of the basis for the claim:

• Asylum claims on the basis of sexual orientation tables

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 are robust, these statistics remain under review.

The Home Office is planning to introduce a new asylum caseworking system. This may affect the information reported in this section. Therefore, the information reporting in the LGB section will remain experimental until these developments are complete.

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See section 7 of the ‘About this release’ section for more details.