Another gay Algerian faces deporting-pls help.

Gay Algerian faces deportation after 10 years in UK
Date: Feb 21 2005, 09:51 AM

Gay Algerian faces deportation after 10 years in UK

Lover pleads for partner to be allowed to stay

London – 21 February 2005

After living a happy, secure life in Britain since he was 15, a
25-year old gay Algerian, Saad B, now faces being torn apart from his
lover and deported to his violently homophobic homeland of Algeria.

His asylum application has been rejected. All his appeals have been
turned down – despite the fact that he has lived his entire adult life
in the UK.

Last week the courts turned down his request for a Judicial Review
into the way his asylum application has been handled by the Home
Office.

Saad B is panic-stricken: ”I fear for my safety and mental well-being
if I am sent back to Algeria,” he said.

Queer rights group OutRage! is backing Saad’s asylum bid. Spokesperson
Brett Lock said:

“The way Saad is being treated is typical of the inhumanity of the
asylum system. It is appalling the government wants to deport him to a
country he barely knows, where his family have disowned him, and where
he has no friends.

“If he is forcibly returned, Saad will be at risk of imprisonment by
the Algerian authorities and could be murdered by the country’s
violently anti-gay Islamic fundamentalists,” said Mr Lock.

Lock’s OutRage! colleague, Peter Tatchell, added:

“Sending him back would tear his life apart. He has established a
happy, fulfilling gay life in Britain. It is unbelievably cruel for
the Home Office to expect him to return to Algeria, hide his
sexuality, and live in constant fear of arrest and murder”, said Mr
Tatchell.

Saad B has good reasons to fear being deported back to Algeria:

Homosexuality is illegal in Algeria and punishable by up to three
years jail. Gay prisoners face beatings and rape.

The police and army harass and brutalise gay people with impunity.

Islamic fundamentalists target queers for assassination.

Public attitudes are violently homophobic. Honour killings by family
members and neighbours are not uncommon.

Saad B has been rejected by his family. He has no friends in Algeria.
It would be like being exiled to a foreign land.

Saad B explains why he believes he deserves asylum in the UK:
“I grew up in the UK. I belong here. I have no other home to go to and
I don’t want to live anywhere else. The UK is the only place I know. I
haven’t lived anywhere else since my childhood. Here I felt I was
free, alive and safe. I grew up fast and worked hard to build my life
here. I can’t imagine hiding in Algeria and leading a ‘discreet’ life,
like the Home Office suggests. I’d rather die.

“I have been in this country for ten years, during which time I have
enjoyed the freedom of living my sexual identity openly, without the
fear of being found out. Back in Algeria, it would be impossible and
extremely dangerous to lead an openly gay lifestyle. Homosexuals in
Algeria suffer all types of persecution and inhuman treatments.

“Going back to Algeria will expose me to great danger, and reignite
the hostility and hatred my family feel towards me. I cannot live
discreetly, because I cannot pretend to be someone other than my true
myself. No matter where I went, I would be always vulnerable to
blackmail, bullying, harassment, violence, rape and torture from the
police, army, fundamentalists, vigilantes and my own family”, said
Saad B.

Saad B’s partner, Matthew Skelly, is pleading for him to be allowed to
stay in the UK:

”I first met Saad in April 2001 and after a couple of dates I knew I
was in love for the first time in my life. Without hesitation, I moved
to Woolwich to be with him. The past four years have been the greatest
of my life.

”I am left cold inside at the thought I could lose my boyfriend. I try
to block things out and get on with life as normal, but the constant
worry and sleepless nights
serve as a reminder that two lives can be so arbitrarily ruined. I
pray every night that sense and compassion will prevail; that Saad
will be allowed to stay with me in the UK”, said Mr Kelly.

Saad B cannot give his full name as he fears being targeted by the
government and Islamists if he is forcibly returned to Algeria.

Saad B is asking reader’s to send messages of support to his
solicitor: Mr H Samra, Sheikh and Co solicitors, 208 Seven Sisters
Road, London N4 3NX. These letters will then be presented to the Home
Secretary in support of his request to remain in the UK.

Further information:

Brett Lock, OutRage! – 0770 843 5917
Saad B – 07915 311 881


BACKGROUND

Saad B. vs The Home Secretary

Saad B was born in 1979 in north-east Algeria. In 1992, at the height
of the Algerian civil war, the area became a stronghold of the Islamic
fundamentalist insurgents of the Groupe Islamique Armée (GIA).

In 1994, when SB was 14, the local GIA threatened his parents with
‘repercussions’ unless SB joined their forces. The forced recruitment
of young people into the terrorist army was then very common, with
child draftees being used to assist with bombings and assassinations.

At his parent’s request, SB fled the country. After a period in Spain,
and then France (where his eldest sister lives), he was eventually
brought into Britain by a family friend, a few days after his 15th
birthday. He relied on his family friend to make an application for
asylum on his behalf, but this person failed to do so.

SB’s guardian subsequently disappeared and he was left alone. After
six months, the isolation became overpowering. In 1996, SB fled to
Belgium (where his eldest brother lives). But he was returned from
Brussels the same day, due to his lack of authorised travel
documents.

On his return, SB applied for asylum. At this point, UK immigration
officials incorrectly assessed him as an adult and he was interned in
an adult prison (HMP Rochester) for nearly one year, until social
services recognised the mistake and secured his release.

This error by the Immigration and Nationality Directorate (IND)
apparently extinguished consideration of his asylum application and
his long-standing presence in Britain.

SB was provided with housing and support in Worthing. However, on
receiving a letter from the IND requesting an interview, SB panicked.
Fearing this meant he would again be detained in HMP Rochester, he
fled to his brother in Belgium. On this occasion he stayed there
approximately six weeks.

His brother advised him to return to Britain and resume his asylum
application. On being interviewed by immigration officials on his
return, SB reiterated his claim for asylum. His current claim
therefore dates from January 1998 (because his previous claim was
incorrectly discounted).

The original reasons for SB leaving Algeria and coming to Britain
stemmed from a genuine fear of forced conscription into the GIA
terrorist army.

The entire last ten years of SB’s life, between the ages of 15 to 25,
have been spent in the UK (apart from an absence of 6 weeks).

All his friends are here. All his work experience is here. Britain is
his home.

Since coming to the UK, SB has realised he is gay – and has begun to
accept his sexuality - something he would probably have never been
able to do if he had remained in the repressive, threatening, violent
and homophobic atmosphere of Algeria.

One result of him being gay is that his entire family, on whom he
relied so heavily, have ceased contact with him.

If he was deported back to Algeria, he would be returning to a country
he barely remembers, with no family support or protection.

SB’s 1998 application for asylum was eventually considered in July
2003. It was only at that moment he told the IND he was gay. This was
unsurprising since SB has found it incredibly difficult to reconcile
his sexuality with his Muslim faith - let alone being open about it to
other people – especially government officials.

It is acknowledged by the IND that SB is homosexual and homosexuality
in Algeria is punishable by up to 3 years imprisonment. Nevertheless,
his application was refused by the Home Office.

SB appealed this decision in October 2003 and was refused again. It
was suggested by the asylum adjudicator that he would be in no danger
of persecution in Algeria if he was ‘discreet’ ie. kept his sexuality
secret. Having been increasingly open and well-adjusted about his
homosexuality, SB would find it an incredible strain to go back into
the closet and always being looking over his shoulder in case he was
discovered and arrested or murdered.

It was also suggested by the adjudicator that the close friendships,
and a long-term gay relationship he had formed with Matthew Skelly,
did not warrant consideration. This ruling does not accord to the
rights enshrined in Articles 3 & 8 respectively of the Human Rights
Act 1998.

SB subsequently appealed once more against the adjudicator's decision
in October 2004. His appeal was dismissed.

Application for a Judicial Review of the case has been lodged, and SB
awaits a decision in the coming weeks or months.

* Letters of support for SB should be sent to his solicitor: Mr H
Samra, Sheikh and Co solicitors, 208 Seven Sisters Road, London N4
3NX
Statement by Saad B:

“I have been in this country for ten years, during which time I have
enjoyed the freedom of living my sexual identity openly, without the
fear of being found out. Back in Algeria, it would be impossible and
extremely dangerous to lead this openly gay lifestyle. Homosexuals in
Algeria suffer all types of persecution and inhuman treatments.

“Going back to Algeria will expose me to these dangers, and reignite
the hostility and hatred my family feel towards me. I cannot live
discreetly, because I cannot pretend to be someone other than my true
myself. No matter where I go and hide, I will be always vulnerable to
blackmail, bullying, harassment, violence, rape and torture from the
police, army, fundamentalists, vigilantes and my own family.

“I have recently met a gay man from Algeria who was blackmailed and
brutally attacked at work and in his neighbourhood. He suffered a
broken nose and ribs, and his face has been permanently scared and
disfigured. I cannot imagine living like this. Going back to Algeria I
would be risking my life. I would not survive such brutality. I
wouldn’t have anyone to turn to for protection.

“Both the Home Office and the Adjudicator know about these facts and
have chosen to ignore them. Instead of offering me protection they
decided that I should go back and live discreetly.

“Algeria is a Muslim country where homophobia is deeply rooted in the
culture and compounded by the government policy. Indeed, according to
Article 333 of the penal code, a homosexual behaviour between
consenting adults is punishable with between 6 months and 3 years of
imprisonment, together with a fine of DA1,000 and DA10, 000.

“I grew up in the UK. I belong here. I have no other home to go to and
I don’t want to live anywhere else. The UK is the only place I know -
I haven’t been anywhere else since my childhood. Here I felt I was
free, alive and safe. I grew up fast and worked hard to build my life
here. I can’t imagine living elsewhere in hiding; leading a ‘discreet’
life, like the Home Office suggests. I’d rather die.

”The Home Office decision in my case is unjust. It is uncivilised and
morally wrong to expect me to put my life on hold for nearly ten years
- often unable to study or to work - whilst waiting for them to make a
decision on my asylum. How can they expect me to throw away the life I
have managed to salvage and go live
somewhere else just like that!”

Statement by Saad B’s partner, Matthew Skelly:

”I first met Saad in April 2001 and after a couple of dates I knew I
was in love for the first time in my life. Without hesitation I moved
to Woolwich to be with him. The past four have been the greatest of my
life.

”I am left cold inside at the thought I could lose my boyfriend. I try
to block things out and get on with life as normal, but the constant
worry and sleepless nights serve as a reminder that two lives can be
so arbitrarily ruined. I pray every night that sense and compassion
will prevail; that Saad will be allowed to stay with me in the UK.

ENDS





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