By Melanie Nathan, November, 18 2014.
Jimmy Kyesswa still bears the scars of the inhumanity he suffered and it continues as he seeks asylum in the United Kingdom. This petition will be delivered to: Secretary of State, Hon Theresa May MP in the United Kingdom, thanks to the excellent work of OUT and PROUD Diamond Group under leadership of Abbey Kiwah and Edwin Sesange: Please read and then go to chang
THE UK IS ABOUT TO DEPORT A GAY ASYLUM SEEKER JIMMY KYESSWA
Secretary of State Hon Theresa May MP.
Jimmy Kyesswa still bears the scars of the inhumanity he suffered and it continues as he seeks asylum in the United Kingdom.
Jimmy bears the physical scars from scalding water poured on his body back in Uganda and the emotional torment of degrading treatment – all because he is gay. Now this degradation and torment persists as the UK government refuses to believe that Jimmy is indeed gay, based on the adjudication and mind-set of those who do not understand the circumstances, as well as poor legal representation.
When one is not believed, resulting in a denial of asylum, it is tantamount to a continuation of the persecution.
Jimmy has been denied the asylum he is legally entitled to, and all because he has not answered the questions the way a single officer finds acceptable. This now leads to his fast track deportation – which serves to further deny the basic right to accumulate evidence and obtain proper legal representation.
Jimmy came to the UK from Uganda as a student – though degraded, humiliated, and traumatized, finally able to apply for the asylum – a status that includes Gay people like him.
In September 2014, Jimmy applied for asylum based on his sexual orientation (Social Group). Jimmy’s claim was put under Detention Fast Track (DFT) model.
Among the questions Jimmy was asked was:
- Can you tell me the name of the first same-sex relationship partner, when you first met him date and year?
- Can you tell me the second partner, date and year you first met him and what attracted you to him?
- Can you tell me the names of same sex partners you have had in chronological order including date you first met, separated, and their date of birth?
- Have you had any relationships in the UK?
- Can you start to mention one by one how you met, when the relationships began, how it developed, how it ended, and their date of birth?
The Home Office dismissed Jimmy’s case because he couldn’t name his partners in a chronological order and he didn’t know their birthday dates. The Home Office did not find Jimmy’s claim of anti-gay bigots’ poured hot water on him plausible. The HO expected Jimmy to have reported them to the police, in a country where police exacerbate state authorized homophobia, where one can go to jail for being gay. Of course Jimmy did not report the incident and so the officer at the Home Office in the UK refused to believe his story, asserting it did not happen.
“You stated that these individuals poured boiling water onto your right hip burning you (AIR,79,82-83). You were asked if you had reported the incident to the police, you were unable to give a reasonable explanation and stated – I did not because I thought, they may have asked me what happened”
In the end, because Jimmy couldn’t name his partners in a chronological order, their date of birth, what made him attracted to them, why he tried to date a woman in the UK, why he never reported the homophobic attackers who poured hot water on him in Uganda, and lastly why he delayed to apply for asylum, it is believed that he is not gay enough to qualify for protection.
Jimmy’s case was dismissed by the Home Office and the Tribunal in the Detention Fast Track system without being given a chance to find either proper solicitors or time to gather evidence. Jimmy’s legal aid solicitors dropped him after the initial refusal by the Home Office and he was denied fair representation at the tribunal hearing. If he is sent back to Uganda he runs the risk of being arrested at the airport, detained and further torture and persecution.
The UK Government says, “We don’t deport LGBT asylum seekers and we never will”. It is believed that many LGBT asylum seekers from African Countries like Jimmy are deported every day back to the countries where they face persecution because of their sexuality.
Please express your outrage by signing this petition, to save a life. Share it with your friends. Let them tell the UK Government to stand by their commitment not to deport LGBT asylum seekers back to where they face persecution.
Please write to the UK Home Office
Quoting Jimmy Kyesswa’s
Home Office Reference no: K1298270/002
Theresa May Tel: 020 7219 5206 Fax: 020 7219 1145