ICAR

LGBT

Lesbian, gay, bisexual and transgender (LGBT) refugees and asylum seekers

Written by Anisa de Jong in September 2003

This navigation guide aims to be a ‘rough guide’ to the issues relevant to lesbian, gay, bisexual and transgender (LGBT) asylum seekers and refugees, and to provide information on resources and links on this topic.

In the ‘Context’ section, some background and contextual information is given, as well as an explanation of the terms used. In the ‘Legal aspects’ section, an outline of the relevant legislation, guidelines and legal developments (including case law) is provided. Many LGBT asylum seekers have difficulties fitting into the existing definition of a ‘refugee’ according to current interpretations of the Refugee Convention. Initially, the main legal obstacle was the question of whether ‘homosexuals’ could be considered ‘members of a particular social group’. However, since the House of Lords decision in the case of Shah & Islam1 and the implementation of the European Convention of Human Rights (ECHR) in the UK through the Human Rights Act in 2000, the focus in asylum (and human rights) cases of LGBT people has shifted to credibility issues and to the definition of ‘persecution’ or ‘inhuman and degrading treatment’ (Article 3 ECHR), as well as to issues relating to rights to private and family life (Article 8 ECHR).

The ‘Key issues’ section addresses firstly the problems many LGBT people have in identifying and declaring their sexual orientation (or gender identity issues) in a timely manner, if at all, in the asylum procedure, and the consequences this may have for the assessment of their claim. Other key issues discussed in this section are the lack of country information and the complications of so-called ‘safe third countries’ for LGBT people. Important key issues are also the lack of awareness of LGBT refugee issues and existing prejudices, including homophobia, heterosexism and racism. The section addresses the difficulties many LGBT refugees have in accessing social and legal services, as well as their isolation in ethnic minority, refugee and/or LGBT ‘communities’.

The section on ‘Statistics’ is unfortunately very limited due to the lack of available data on this issue. The section ‘Resources’, ‘Projects and initiatives’ and ‘Links and contacts’ should speak for themselves. Please note that this guide in general, and the resources section in particular, are indicative only and do not attempt to provide exhaustive information on this issue.

R v IAT ex parte Shah INLR 144, Imm AR 283 (HL) and Islam v SSHD 2 WLR 1015. Available from EIN database. Note: the author has referred to case law available in the EIN database and mentioned any other places of publication where known. Some cases are not published anywhere and so no link is possible at all. The EIN database is only accessible to members so direct hyperlinks are unfortunately not possible.

About the Author

Anisa is the Asylum Co-ordinator of the Safra Project, a resource project for Muslim LBT women in the UK, and a freelance researcher on issues relating to LGBT rights, gender and refugees. The author would like to thank the Safra Project and its volunteers and members for being a valuable source of information. ICAR would also like to thank Barry O’Leary and Sandy Buchan for comments on initial drafts of this guide.

Last Updated: 25/02/09

• Prev
• Next