If there’s inconsistencies, no amount of photos of you at Pride events will make a difference. ‘Effectively, it all depends on how consistent your story is. ‘Frankly, it’s impossible to “prove” your sexuality,’ he says. Reiss agrees that a substantial amount of evidence is necessary for claims to be approved. You need support from charities for gay people to have a chance.’ ‘If you don’t have a gay partner, you’re forced to do an awful lot more to prove you’re gay,’ he says. Thanks to huge support from numerous LGBTQ+ support groups, hundreds of photos of Sam at Pride events across the country, and a petition that gathered nearly 5,000 signatures, Sam was granted leave to remain in the UK for five years – something Sam is thankful for. More should be done to listen to people who are gay but just don’t have a partner.’ ‘If I was straight and I hadn’t had a partner for 10 years, no one would question my sexuality. ‘I also rely on food banks – I couldn’t afford to go for a drink. ‘I’d want to date someone from my culture, but it’s tough,’ Sam says. Sam’s Christian beliefs, poor health and meagre finances also make it difficult for him to date, he says. Sam’s asylum claim was denied by a judge, as he hadn’t had a partner for 10 years (Picture: Supplied)
‘I told the judge that I’m 67, I don’t need sex.’ ‘I was so upset to be told that I was lying about being gay,’ Sam explains. Fearing for his well-being, he came to the UK on a tourist visa in 2005, travelling around the country and working in Chinese restaurants.Īfter he was arrested in 2016, Sam claimed asylum – but a judge rejected his claim as Sam had not had a partner after more than 10 years in the UK, warning Sam’s supporters that they had been ‘duped’.
Yew Fook Sam, from Malaysia, was forced to flee the country when his family found out he was gay – something still considered an offence and can be punishable by up to 20 years in prison. It’s not just language barriers that can lead to difficulties in the asylum process, with cultural differences sometimes leading to legitimate claims being rejected. We’ve had refugees come to us after their interview and say they didn’t really understand but they didn’t want to upset the interviewer so they carry on and hope for the best.’ They don’t want to make a fuss by saying they don’t understand the interpreter they’ve been given.
‘It can be a very intimidating environment for refugees, as they often want to be helpful and get their story across. It might be translated to a language, which then loses all meaning, and then the answer you get is nonsensical. You sometimes get a literal translation of a phrase, which in English would be very nuanced and have a lot of subtext. ‘What we see in these interviews is some terms that we would implicitly understand in the English language don’t translate as well or as effectively. ‘With some clients, it’s almost as if they don’t have the language to express something,’ he says. While there are interpreters on hand to help translate questions for people who don’t have a solid grasp of English, Reiss argues it can be difficult for someone to express intangible feelings adequately to an interviewer. However, there are flaws in using interviews as the foundations for someone’s asylum case. ‘In basic terms, what anyone claiming asylum has to prove is that they are the sexuality they are claiming to be and that being that sexuality, or being perceived to be that sexuality, will lead to persecution from the country they are from.’ ‘This interview runs for hundreds of questions and forms the core of what is that person’s asylum claim. ‘Your second interview can occur six to 12 months after you first claim asylum, due to delays in the process,’ he explains.