The UK government is planning to add India and Georgia to its list of so-called “safe countries” where migrants can be sent, in a move branded “dangerous” for LGBTQ+ people.
It would mean people who arrive in Britain could be returned to the countries without having their asylum or human rights claims properly considered in the UK.
Former home secretary Suella Braverman said in November that expanding the government’s ‘safe’ countries list would allow it to “more swiftly remove people with no right to be here and [send] a clear message that if you come here illegally, you cannot stay”.
Legislative changes to the “safe countries” list can be made through the hugely controversial Illegal Migration Act, which passed last year. MPs have the chance to debate the latest change on Wednesday, though only members of the Delegated Legislation Committee are permitted to vote.
In theory, the change could be rejected by the House of Lords at a debate yet to be scheduled – but this is considered unlikely.
LGBTQ+ rights group Rainbow Migration told openDemocracy the addition of the two countries was “cruel” given the evidence of widespread human rights abuses in both countries.
Noah*, a gay man who fled homophobic persecution in Georgia, was granted asylum in the UK last month.
“No one can know that you are gay in Georgia. If people do, homophobic people will try to attack you,” he told us.
He has strong evidence to support his case of past persecution including hospital records documenting injuries, a police report, and a supporting statement from his former employer.
Noah pointed to Georgia’s pride march two years ago that was cancelled after a violent mob attacked activists, journalists and passers-by, leading to the stabbing of a Polish tourist.
“They came armed with stones – they were completely uncontrolled,” Tamas Sozashvili, co-founder of Tbilisi Pride, told openDemocracy at the time.
“To be gay in Georgia means that you can only kill yourself or flee,” Noah added, describing how many Georgian families think that LGBTQI+ people need to be exorcised or sent to mental health institutions.
Meanwhile, Amara*, an Indian national who claimed asylum in 2022 because of her sexual orientation, fears persecution at the hands of her father, a politician in India. The Home Office has indicated that it is currently considering her case.
Rainbow Migration, which has been working with Amara, says it is “clear” India “cannot be considered safe in this context” for her.
A joint briefing of the Immigration Law Practitioners’ Association (ILPA) and Rainbow Migration points out that the UK government has already recognised both India and Georgia as places that people may flee for their own safety. Seventeen Indians and 14 Georgians were granted refugee status or humanitarian protection in the UK between April 2022 and March 2023.
“Imagine experiencing violence for being LGBTQI+ in your home country and fleeing to the UK hoping to find safety, only to be told that your country is deemed safe for everyone and you’ll be sent straight back,” Leila Zadeh, executive director of Rainbow Migration, told openDemocracy.
“Most of us would welcome LGBTQI+ people who can’t be themselves in other countries and are hoping to rebuild their lives in the UK.”
Zoe Bantleman, legal director at ILPA, called the proposed changes to the safe countries list “cruel, unusual and unjustified” and said that they “place the UK at risk of breaching its international legal obligations and further damaging its reputation as a champion of the rule of law and human rights”.
Beyond LGBTQ+ rights, the ILPA and Rainbow Migration briefing also details human rights abuses in both countries against other minorities such as Dalits, poor press freedom and abuse against journalists, and violence against women including forced marriage.
It says the government has failed to conduct a clear impact assessment of human rights in the two countries.
A Home Office spokesperson said: “We must stop people making dangerous and illegal journeys to the UK from fundamentally safe countries.
“A thorough assessment of India and Georgia was carried out when deciding to add them to the safe countries list.”
