Sunday, April 3, 2011

Malaysian gay couples, political activists seek UK asylum


Gay couples and those seeking political asylum make up the 180 Malaysians who have sought asylum in the United Kingdom since 2005.

However, of the 180 applications received over the past five years, only 10 were allowed to stay while five cases are pending.

Home Office records show that only 25 applications were received in 2005 but increased to 40 in 2009 and to 55 the following year. These figures were made available to theSun following a request to the Home Office under the Freedom of Information Act. While not everyone recognised as refugees are granted asylum, some were granted permission to stay on "humanitarian protection grounds".

The most notable is leader of the outlawed Hindu Rights Action Force (Hindraf) M. Waytha Moorthy who was granted permission in 2008 on the basis that he would be "politically persecuted" and "detained without trial" if he was sent back to Malaysia.

It is learnt that his wife and daughter have since joined him.

The other is Mohammed Fazdil Min Bahari, or Fatine, a transvestite married to Briton Ian Young. Although Mohammed Fazdil’s application for permanent stay was initially rejected, he was granted leave to stay in UK indefinitely after the couple expressed fears of reprisal and prosecution if he was sent back to Malaysia.



The Home Office could not provide the details of the reasons given by all Malaysian applicants because of costs. In a note, it explained that as part of the Home Office, the UK Border Agency "is not obliged to comply with any information request where the prescribed cost of supplying you with the information exceeds £600 (RM2,940)".

However, legal sources here said that two of the five who were granted asylum were a gay couple in a relationship. They had strenuously argued that they could not maintain the relationship if they returned to Malaysia and were almost certain to be prosecuted.

Among the 45 applicants whose claims were rejected last year, 25 left the UK but it cannot be ascertained if it was to Malaysia or another country. Five applications are pending as it can take up to a year for the Home Office to investigate and process asylum applications.

Some of those whose applications were rejected were deported while some left voluntarily and some left under various "Assisted Voluntary Return Programmes" of the UK government.


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