Malaysians cite religious persecution when seeking asylum in UK
By R. Nadeswaran, The Sun
Malaysians are using “religious persecution” as a reason for seeking asylum in Britain.
Of the 55 who applied for such a status last year, five cited religious freedom as the reasons for their application. Six had claimed that they were being penalised for being “members of a particular social group” – gays and lesbians – while three others sought political asylum.
Legal sources say that those who claimed religious persecution had cited that they were unable to practise their faith of choice and had produced newspaper cuttings, court judgments and other documents related to the several “conversion cases” in Malaysia including those of Lina Joy and Sharmala. Some of them claimed that their choice of religion is being restricted by “strict religious laws”, not civil law.
As for gays, the Supreme Court of England and Wales formulated the tests to be considered and said the UK Immigration Tribunals should decide on the evidence whether an applicant was gay and whether he would face persecution if he lived openly in his own country.
If this is established, he would have a well-founded fear of persecution, even if he could avoid the risk by living discreetly. Malaysian are using a clause in the Penal Code which makes it an offence for homosexual acts and upon conviction can be jailed for up to 20 years and are also liable to fine or whipping.
Huon Neon Hook, 30, from Sarawak became the first Malaysian gay to have had his matter appealed successfully at the Immigration Tribunal.
Huon claimed asylum in December 2010, having first arrived in the UK in 2006. He held a student visa which expired in May 2009 and subsequently overstayed. He was arrested for a drug-related offence and was detained pending removal. He claimed asylum on the grounds that he was gay and faced persecution if he was sent back to Malaysia and was eventually granted Refugee Status.
Latest data obtained from the UK Border Agency under a request under the Freedom of Information Act, 26 other applications were received from individuals who cited reasons not covered by the 1951 United Nations Convention Relating to the Status of Refugees. Fifteen of these withdrew their applications before asylum interviews could be conducted.
Individuals granted refugee status have full entitlement to access public funds, services and mainstream benefits – the same entitlement as a British citizen. Refugees are not entitled to additional funds by virtue of their refugee status.
However, the UK Border Agency says it provides support and advice to help refugees with critical integration needs to access those mainstream entitlements. They will also have access to Family Reunion provisions and to Refugee Convention Travel Documents.
The Immigration and Asylum Act provides for the asylum support scheme and the Secretary of State may provide support for asylum seekers or dependants of asylum seekers, who appear to be destitute or likely to become destitute within a prescribed period.
A destitute single asylum seeker with no assets or income will receive approximately £152 (RM745) in cash support each month in order to buy food and other essential toiletries.
Besides, the local authority provides accommodation for all asylum seekers. Individuals who are granted Refugee Status in the United Kingdom are allowed to work immediately and have no restrictions placed on their access to the labour market.
