Johannesburg — SA IS one of only seven countries in the world that grants refugee status on the basis of sexual orientation. But people seeking that relief are battling as much as other refugees in the country.

In Uganda, homosexual acts are punishable with life imprisonment; in Mozambique with three years' imprisonment, and with seven years in Botswana.

In SA, the constitution outlaws discrimination on the basis of sexuality and the country is the only one on the continent that permits same-sex marriage.

Unsurprisingly, many African gay people are coming to SA not only to enjoy freedom from sexual persecution, but also to apply for refugee status based on that persecution.

"It's a healthier atmosphere," says Cary Johnson, senior specialist for Africa with the International Gay and Lesbian Human Rights Council. They can build lives here."

Gays and lesbians are entitled to apply for refugee status as they are classified as being part of a "social group". But the process of applying for asylum, like for so many other refugee applicants, can be long and difficult.

Lawyer Abeda Bahmjee represented Azu Ubongu, from Nigeria, who in 2002 was one of the earliest applicants for asylum in SA on the basis of sexual persecution.

"It was very rare," she says. "In my experience they (sexual refugees) are more willing to put forward a political case, though it is more weak."

To successfully apply, refugees must have evidence of persecution they would face in their home countries or proof of their activism.

Ubongu had been arrested more than once in Nigeria. Homosexuality is illegal under civil law and carries a jail sentence. In northern Nigeria, where Islamic law holds sway, the penalties are more severe.

But Ubongu had never actually been charged with breaking the law. According to Bhamjee, this was only because of bribes paid to Nigerian officials. Ubongu was denied asylum in SA, but the decision was changed after a legal challenge.

"I think what is interesting about the decision is the way (they) construe the right to be gay," says Bhamjee. "They basically say that it is a private right and that if gay people express themselves privately it is sufficient. It's a very narrow view."

The fear of potential homophobia from individual home affairs department officials is also a factor in dissuading refugees from making their applications.

"The problem is when you get in front of a h ome a ffairs official," says Johnson. "Does he hate queers? Does she fear lesbians? Their application could go to the bottom of the pile."

Gay refugees also face obstacles in their own communities . When they first arrive in SA, they often depend on networks established in SA by people of their own countries, who often bring their homophobia with them.

Liezel Theron, of Gender DyamiX, represented a transgender person, Morgan, in her bid to get asylum status. Morgan's problems started in the queue at h ome a ffairs, with other refugee applicants.

"When they found out she's transgender, they pushed her out of the queue," says Theron. Morgan was also evicted from her home.

"Today, she doesn't mix with other African refugees," says Theron.

Johnson says the possibility of being ostraci sed is enough to keep many gay and lesbian refugees in the closet, and stops them from applying for asylum status on the basis of their sexuality.

Their isolation from refugee networks means that finding a home and a job is difficult.

Corrine Bachile left her home in the Democratic Republic of Congo in November last year.

"I love my country, but it's not easy to live there when you have made a different choice and when you are dreaming of a new sun," Bachile says, "In my country people look at you like a witch. They will tell you to pray to God because you have some bad spirit or trouble in your mind."

Bachile is unable to associate with Congolese people in SA. "They treat me like in my home country. Just today I met a lady from my country who asked me why I was a lesbian. Why am I not trying to date white men?"

Bachile has given up applying for refugee status and plans to move to Europe.

Morgan's asylum application is being processed. Theron says home affairs officials took Morgan more seriously after she had representation, and she recently had her status renewed.

Not all applicants are that lucky. Daisy Dube, a drag queen who emigrated from Zimbabwe in 2001, was murdered in SA.

"She came here because she thought it was better for gays and lesbians," says her mother, Ntsikikeleo Dube.

As a transgender person, she wasn't able to live "as she was" in Zimbabwe. From an early age she dressed up in women's clothing and wore make-up.

She settled in Yeoville where she lived with other drag queens and worked as a hairdresser.

Last June, she was shot dead outside a nightclub. According to witnesses, her murderers shouted: "Shoot lezitabane (shoot the lesbians)!"