Schnell and Miaz, ‘Levelling the odds of LGBTIQ+ asylum seekers’, 2025

Mathis Schnell and Jonathan Miaz, ‘Levelling the odds of LGBTIQ+ asylum seekers: the interaction of legal representation and credibility in asylum appeals in Switzerland’, European Journal of Politics and Gender, 2025

Abstract

This article concerns the interplay of legal representation with credibility and how it affects LGBTIQ+ asylum seekers’ appeal cases in court. We argue that (quality) legal representation increases the likelihood of a positive decision and that these effects are even more pronounced for sexual orientation and gender identity (SOGI)-related claims. Using a data set of 44,406 Swiss appeal case files from 2007 to 2023, we run regressions and confirm these hypotheses. We then assess the expected heightened role of credibility in SOGI-related cases. We show how legal representation and SOGI positively correlate with the presence of credibility-related terms in the case files. This study shows that legal representation with specific expertise in SOGI-related cases increases the probability of a positive decision at the appeal level. Specialised legal representatives are key intermediaries in shaping access to protection. These results raise political questions about justice in the asylum system.

Keywords: queer asylum; Switzerland; legal representation; law and courts; credibility