Recommendation 5

The Home Office should demonstrate it is taking effective steps to mitigate the risk of unequal effects in the asylum process. There is a range of distinct difficulties faced by people claiming asylum on grounds of sexual orientation or gender-identity. These claims are difficult to evidence, legally complex and difficult to determine accurately. They are not determined consistently well, leading to expensive appeals and overturned decisions. We were disappointed that the Minister was unable to set out in any detail the steps the Department has taken since the internal review it conducted in 2019–20 to improve the accuracy of its initial decision-making in such cases. In response to this Report the Home Office should set out the main findings of the 2019–20 review and the steps it has taken to improve decision-making in cases involving sexual orientation and gender identity-based claims.