LGBT asylum from Kyrgyzstan?

[marcus-mxil]

Hello,
I'm posting this question on behalf of a Kyrgyz friend who I've known for years. He's a gay man in his 30's and I've grown increasingly worried about his health: he is miserable and potentially suicidal about being unable to be openly gay in his country and thus unable to fulfill his sexual and romantic needs for fear of persecution and potential bodily harm. He has been wanting to leave his country for a while now but he does not have the financial resources to do so and I suspect also that he is simply too scared to try for fear of rejection. He would move to any country where his situation could improve but I thought of Canada as a good option since it has a good track record in LGBT issues and he already speaks English. From my own research, I understand that it is not illegal to be gay in Kyrgyzstan, but there are also no legal protections against LGBT discrimination and the social animus toward people in that group remains very much hostile, to the extent that they remain at a high risk of violence and bodily injury. I would appreciate any guidance or information on the following points:
1) Would it be feasible for someone in his situation to apply for asylum in Canada (or any other Western nation)?
2) Are there any immigration law firms that do pro bono work for cases like these?
3) What law firms or NGOs could you recommend that could aid him?
4) Exactly how expensive can this process be?

Thank you all in advance for your time and input.

 

[scylla]

Hello,
I'm posting this question on behalf of a Kyrgyz friend who I've known for years. He's a gay man in his 30's and I've grown increasingly worried about his health: he is miserable and potentially suicidal about being unable to be openly gay in his country and thus unable to fulfill his sexual and romantic needs for fear of persecution and potential bodily harm. He has been wanting to leave his country for a while now but he does not have the financial resources to do so and I suspect also that he is simply too scared to try for fear of rejection. He would move to any country where his situation could improve but I thought of Canada as a good option since it has a good track record in LGBT issues and he already speaks English. From my own research, I understand that it is not illegal to be gay in Kyrgyzstan, but there are also no legal protections against LGBT discrimination and the social animus toward people in that group remains very much hostile, to the extent that they remain at a high risk of violence and bodily injury. I would appreciate any guidance or information on the following points:
1) Would it be feasible for someone in his situation to apply for asylum in Canada (or any other Western nation)?
2) Are there any immigration law firms that do pro bono work for cases like these?
3) What law firms or NGOs could you recommend that could aid him?
4) Exactly how expensive can this process be?

Thank you all in advance for your time and input.

It's feasible for him to apply for asylum in Canada if he can travel here - of course none of us can say if he would be approved or not. That would depend on the strength of his case and evidence. Note that he cannot claim asylum from Kyrgyzstan. He would need to obtain a TRV (tourist visa), fly to Canada, and then claim asylum once he arrives here. To be approved for a TRV, he must show strong ties to his home country such as employment / property / assets to show he is a visitor and has no plans on remaining in Canada long term. Has he obtained a TRV yet? The first step is to obtain a TRV which he would apply for on his own. Without that, the rest really isn't possible.

 

[Buletruck]

1) He could apply. The problem being he would have to be in that country to apply.
2) Generally no, they don't do pro bono work. There is legal aid in Canada, but you get what you pay for.
3) Google refuge assistance for the region you are in.
4) Expect $5k minimum and up depending on success and appeals.

 

[canuck78]

Would suggest speaking to a lawyer or LGBTQ specific charities working with refugees in Canada or other European countries to see whether other cases Kyrgyzstan have been accepted on the bases of being gay. Does he have
proof of personal persecution or are there well documented persecution of LGBTQIA+ individuals in the country. That type of evidence will be important. Has he looked into immigrating or working in a country which is more supportive of the LGBTQIA+ depending on his skills, education and/or work history? Getyimg a TRV to visit Canada can be quite difficult. Does he have strong ties to his home country (good longterm job, own property, etc.), how much savings can he show and has he travelled internationally before especially to countries like US, UK, Australia, etc.?