ABSTRACT

Each year, thousands of lesbian, gay, bisexual, transgender and intersex (LGBTI) asylum seekers apply for asylum in EU Member States.This book considers the position of LGBTI asylum seekers in European asylum law. Developing an encompassing approach to the topic, the book identifies and analyzes the main legal issues arising in relation to LGBTI people seeking asylum including: the underestimation of the relevance of criminalization of sexual orientation as well as the large scale violence against trans people in countries of origin by some European states; the requirement to seek State protection against violence even when they originate from countries where sexual orientation or gender identity is criminalized, or where the authorities are homophobic; the particular hurdles faced during credibility assessment on account of persisting stereotypes; and queer families and refugee law.

The book gives a state of the art overview of law in Europe, both at the level of European legislation and at the level of Member State practice. While being largely focused on Europe, the book also takes into account asylum decisions from Australia, New Zealand, Canada, and the United States and is of relevance internationally, offering analysis of issues which are not specific to particular legal systems.

chapter |31 pages

Introduction

Fleeing homophobia, asylum claims related to sexual orientation and gender identity in Europe
BySabine Jansen

chapter |23 pages

Sexual Orientation and Refugee Status Determination Over the Past 20 Years

Unsteady Progress Through Standard Sequences?
ByMillbank Jenni

chapter |27 pages

Discretion in sexuality-based asylum cases

An adaptive phenomenon
ByJanna Weßels

chapter |16 pages

Accommodation

Sur place claims and the accommodation requirement in Dutch asylum policy
ByHemme Battjes

chapter |23 pages

Lesbian, gay, bisexual and transgender refugees

Challenges in refugee status determination and living conditions in Turkey
ByGiulia Cragnolini

chapter |33 pages

Developing a jurisprudence of transgender particular social group

ByLaurie Berg, Jenni Millbank

chapter |13 pages

Invisible intersections, queer interventions

Same sex family reunification under the rule of asylum law
ByPetra Sußner

chapter |28 pages

Overcoming problems with sexual minority refugee claims

Is LGBT cultural competency training the solution?
ByNicole LaViolette

chapter |22 pages

Sexual identity, normativity and asylum

ByThomas Spijkerboer