Dustin_3 April 2018.pdf (306.84 kB)
Many rivers to cross: the recognition of LGBTQI asylum in the UK
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 LawISSN
0953-8186Publisher
Oxford University PressExternal DOI
Volume
eey018Department 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
2018-07-10First Open Access (FOA) Date
2020-06-27First Compliant Deposit (FCD) Date
2018-07-10Usage metrics
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