"you will find yourself on a one-way flight out of Britain."
Shabana Mahmood has pledged a crackdown on “sham lawyers” accused of exploiting the UK’s asylum system, following a damning BBC investigation.
The Home Secretary warned that those found abusing legal protections “will face the full force of the law”.
It comes after a BBC investigation discovered that some law firms and advisers charged migrants thousands of pounds to fabricate claims of being gay in order to remain in the UK.
According to the report, individuals whose visas were due to expire were allegedly provided with false cover stories and instructed on how to obtain fabricated evidence, including supporting letters, photographs and medical reports.
They then applied for asylum, claiming to fear persecution in countries such as Pakistan or Bangladesh, where same-sex relations are illegal.
The Home Office confirmed it is investigating those highlighted in the BBC’s investigation.
Officials launched the probe after identifying a growing trend of suspected fraudulent claims involving individuals pretending to be gay.
Under UK law, asylum is granted to individuals who cannot return to their home countries due to a credible risk of persecution. This includes people facing discrimination or violence based on their sexual orientation.
However, the BBC’s findings suggest that these protections are being systematically exploited by some advisers seeking financial gain.
Mahmood said: “Anyone abusing protections for people fleeing persecution over gender or sexual orientation is beyond contempt.
“Let me be clear: try to defraud the British people to enter or remain in the UK and your asylum claim will be refused, your support cut off, and you will find yourself on a one-way flight out of Britain.
“Sham lawyers facilitating this abuse will face the full force of the law.”
Regulatory bodies have also responded to the allegations.
Jonathan Peddie, executive director of investigations, enforcement and litigation at the Solicitors Regulation Authority, said:
“If we find evidence that anyone we regulate has acted in ways that contravene their duty to act legally and uphold the law, we will take action.”
The Immigration Advice Authority also confirmed it is reviewing the evidence and will pursue action against anyone found to be providing immigration advice unlawfully.
Shadow Home Secretary Chris Philp said the BBC’s investigation “exposes the scam at the heart of many asylum claims” and that the legal advisers involved “should be prosecuted for immigration fraud”.
Reform UK’s Nigel Farage welcomed the investigation, stating:
“There is an illegal immigration industry and there are many in the legal profession benefiting from this.”
Reform UK has pledged that, if elected, it would make facilitating a false asylum claim a “strict liability” criminal offence punishable by up to two years in prison.
Campaigners and advocacy groups have also expressed concern about the potential impact on genuine asylum seekers.
Aderonke Apata, founder of the African Rainbow Family, was granted asylum in the UK as a lesbian facing the death penalty in Nigeria.
She said she was “appalled” by the BBC’s findings, adding:
“It dismisses the real struggle that we face as a community.”
“And for genuine people who are seeking asylum and LGBTIQ people, this makes it extremely difficult for them to be able to be successful in their asylum claims.”
Tom Guy, founder of National Student Pride, said: “We’ve had people turning up… they take photos and they would leave. They weren’t even staying for the event.”
Veteran human rights campaigner Peter Tatchell, whose foundation supports asylum seekers, stressed that most claims are legitimate, saying the vast majority had gone through “a rigorous criterion”.
However, he told BBC Radio 4’s World at One programme his foundation had been “swamped” by people from Pakistan claiming to be LGBT and seeking letters of recommendation.
Imran Hussain, from the Refugee Council, condemned those exploiting vulnerable individuals.
He said it was “deplorable that unscrupulous advisers are exploiting desperate and vulnerable people for profit and those responsible must be held to account”.
He added: “Every day in our frontline services we work with LGBTQ+ refugees from countries like Uganda and Pakistan who have faced imprisonment, violence and abuse simply for who they are, and who have come to Britain so they can live safely and openly.
“These kinds of abuses must not be used to undermine the credibility of people with genuine need for asylum.”
Home Office statistics show Pakistani nationals account for a disproportionate share of asylum claims based on sexual orientation.
In 2023, the most recent year with available data, 42% of asylum claims with an LGBT element were made by Pakistani nationals. They also represented the largest number of such claims in each of the previous five years.
By contrast, Pakistani nationals were only the fourth most common nationality for overall asylum applications and accounted for just 6% of total claims that year.
Despite concerns over fraudulent cases, nearly two-thirds of asylum seekers claiming persecution based on sexual orientation were granted asylum at the initial stage in 2023, highlighting the importance of maintaining protections for those in genuine need.
The Home Office investigation remains ongoing.
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