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

Dustin, Moira (2018) Many rivers to cross: the recognition of LGBTQI asylum in the UK. International Journal of Refugee Law, eey018. ISSN 0953-8186

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Abstract

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.

Item Type: Article
Keywords: LGBTQI, asylum, refugee, discretion, country of origin, particular social group, credibility
Schools and Departments: School of Law, Politics and Sociology > Law
Research Centres and Groups: Sussex Centre for Human Rights Research
Sussex European Institute
Subjects: K Law > KD Law of the United Kingdom and Ireland
Depositing User: Moira Dustin
Date Deposited: 10 Jul 2018 09:41
Last Modified: 10 Jul 2018 10:57
URI: http://srodev.sussex.ac.uk/id/eprint/77054

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Project NameSussex Project NumberFunderFunder Ref
Sexual Orientation and Gender Identity Claims of Asylum: A European human rights challengeG1968EUROPEAN UNION677693