ABSTRACT
This chapter examines the basis for refugee claims by lesbians and gay men under the refugee definition in Article 1A(2) of the Convention Relating to the Status of Refugees. It considers whether the refugee definition might extend to permit claims for refugee status based on other aspects of sexuality, such as prostitution and sex outside marriage. The chapter outlines the judicial and administrative developments that have resulted in the recognition of gay and lesbian claims for refugee status in western refugee receiving countries such as Australia, the United States (US), the United Kingdom, Canada and New Zealand. In 'Recognition of refugee claims based on other sexuality issues' it discusses the question of whether the application of the refugee definition to include lesbians and gay men could be extended to include other aspects of sexuality, such as sex outside marriage and prostitution. The Australian jurisprudence offers express guidance on the reason for recognising lesbians and gay men as particular social groups.
