McDonald-Norman, ‘Freedom To Be’, 2013

D. McDonald-Norman, ‘Freedom To Be: Assessing the Claims of LGBTQ Asylum Seekers’, Paper presented at the Conference on Gender and Sexuality, National Law School of India University, 30 November 2013

Abstract

In refugee status assessment, the process of proving the ‘truth’ of one’s sexual orientation (and proving that one will be persecuted on account of this) is often infected by the cultural biases of individual decision-makers. Assessors may, for example, expect self-identifying homosexual or bisexual asylum seekers to act in a particular manner (conforming to Western assumptions about sexual behaviour or identity), or expect an unreasonable degree of detail and consistency with regard to asylum seekers’ experiences in their countries of origin. Alternately, assessors may conflate various forms of sexual identity (such as homosexuality and transgender status, or different forms of sexual expression from other cultures) under the blanket label of ‘LGBT’ or ‘LGBTQ’ (and assess risks accordingly).

This paper assesses contemporary dilemmas in the assessment of asylum claims based upon sexual identity, including international legal challenges to previously-prevailing notions that lesbian, gay, bisexual, transgender and queer (“LGBTQ”) asylum seekers may escape persecution through ‘discretion’; difficulties faced in credibility assessment; and the need for greater receptivity to diversity of lived sexual identities across cultural barriers. It draws upon the author’s own experiences as researcher for an Australian law firm specialising in refugee law and advocacy.