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Many rivers to cross: the recognition of LGBTQI asylum in the UK

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journal contribution
posted on 2023-06-09, 14:07 authored by Moira DustinMoira Dustin
The Refugee Convention was not written with the persecution of lesbian, gay, bisexual, transgender, queer or questioning, and intersex (LGBTQI) people in mind. This article shows the dilemmas this creates for LGBTQI asylum seekers and their advocates when establishing the case for protection. It uses the United Kingdom (UK) experience as an example and brings the literature on this topic up to date with reference to recent cases with implications for LGBTQI applicants. While there has been a welcome shift to recognize that LGBTQI persecution is a legitimate basis for asylum, contradictions and tensions between United Nations High Commissioner for Refugees, European, and UK guidelines and instruments, as well as between UK policy and practice, have resulted in a lack of consistency and fairness in the treatment of LGBTQI asylum seekers. The article identifies three specific areas of concern and goes on to show what happens when they converge, using a case that exemplifies some of the problems – AR (AP), against a decision of the Upper Tribunal (Immigration and Asylum Chamber) [2017] CSIH 52. It concludes by suggesting a shift in the focus of questioning, from the identity of the asylum seeker to the persecution in the country of origin, as a possible basis for fairer treatment of LGBTQI asylum claims.

Funding

Sexual Orientation and Gender Identity Claims of Asylum: A European human rights challenge; G1968; EUROPEAN UNION; 677693

History

Publication status

  • Published

File Version

  • Accepted version

Journal

International Journal of Refugee Law

ISSN

0953-8186

Publisher

Oxford University Press

Volume

eey018

Department affiliated with

  • Law Publications

Research groups affiliated with

  • Sussex Centre for Human Rights Research Publications
  • Sussex European Institute Publications

Full text available

  • Yes

Peer reviewed?

  • Yes

Legacy Posted Date

2018-07-10

First Open Access (FOA) Date

2020-06-27

First Compliant Deposit (FCD) Date

2018-07-10

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