NASS: Discriminates against Gay Couples

The National Asylum Support Service application (NASS 1) includes the slogan: "Building a safe, just and tolerant society", yet NASS does not recognise same sex couples.

The NASS guidance notes, which have been awarded a Crystal Mark for clarity as approved by the Plain English Campaign, clearly state:

"Note 5 - This section is about who you want to include in your application as a dependent. Dependents must be in the United Kingdom and may be someone who has been living with you as a member of an unmarried couple for at least two of the three years before the day you claimed for support for them".

However, NASS advised that the "unmarried couple" in Note 5 above referred to heterosexual couples only, which is not what their guidance notes say.

In October 1997, the Home Office announced a concession for same sex and unmarried heterosexual couples. Immigration officials in the UK and the UK embassies, high commissions and consulates overseas are under an obligation to follow this policy. The Home Office recognises same sex couples, so why do NASS, a Home Office agency, fails to recognise same sex couples?

Regulation 2 (1) of the Asylum Support Regulations 2000 SI No 704 states: "unmarried couple" means a man and woman who though not married to each other, are living together as if married.

There have now been several asylum claims in which the Home Office has granted refugee status or exceptional leave to enter or remain on the basis of persecution on the ground of sexuality. The exclusion by NASS of same sex couples therefore appears irrational and open to a judicial review with arguments under Articles 8 and 14 of the European Convention on Human Rights (breach of right to respect for a private life and discrimination on the grounds of sexual orientation).

So far as same sex couples are concerned, such relationships are not recognised as covered by the concepts of family life under Article 8. However, interference with the rights of a same sex couple may infringe the right to respect for private life under the same article. It should be recalled that the Convention is a "living instrument" and the extension of the concept of family life to same sex relationships may only be a matter of time.