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This article draws upon psychological and sociological literature to explore the issues that arise in eliciting and presenting a refugee narrative when the claim is based upon sexual orientation. Rigid notions of homosexual identity may consciously or subconsciously shape decision-makers’ approaches in this field. First, we identify psycho-social issues of particular significance to lesbian, gay […]
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Sexual orientation-based asylum claims have historically been fraught with difficulties. Although considered eligible for refugee protection in a small number of countries beginning the 1990s, knowledge and acceptance of sexual minorities is itself a relatively recent phenomenon in the countries that accept their claims. In many cases decision-makers have been shown to rely on stereotypes […]
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Every year, tens of thousands of individuals flee their home nation for the United States to seek asylum. In 2015 alone, 26,124 individuals were granted asylum to the United States. Asylum is requested and, for the lucky, granted for a variety of reasons. People seek asylum in the United States on the basis of their […]
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The entitlement of lesbian, gay and bisexual (LGB) individuals to claim asylum on the basis of their sexual identities has been a contentious matter, as sexual identity was not a ground of claim explicitly recognised under the 1951 Refugee Convention. Nonetheless, the United Kingdom (UK) has incrementally recognised the ability of LGB asylum-seekers to claim […]
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Several debates persist on how the key terms of the refugee definition apply in the context of LGB asylum claims. For example, identifying whether the thresholds of persecution have been met when the maltreatment experienced by LGB persons is often distinctive is particularly challenging. This chapter focuses on one of the most pressing of these […]
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In 1951, The United Nations Refugee Convention established asylum for those with a “well-founded fear of being persecuted” based on membership in a “particular social group”, yet many countries today continue to actively discriminate against individuals seeking asylum on the basis of their sexual orientation and/or gender identities. In an effort to distance themselves from […]
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This article critically appraises Canadian Immigration and Refugee Board decision-making that imposes burdens on diverse sexual orientation and gender identity and expression refugee claimants of colour to prove that they are queer according to homonationalist interpretations of queerness. This article examines decisions clustered around historical developments in the reception of racialized sexual minorities, including Canada […]