Wolff and Cochrane, ‘Queer legibility and the refugee status determination process’, 2023

Lotte Wolff and Brandy Cochrane, ‘Queer legibility and the refugee status determination process’, Sexualities, OnlineFirst, 12 April 2023

Abstract

It is well documented that LGBTIQ+ applicants face a multitude of stereotypes and biases from decision-makers worldwide. We build on literature that argues that there is an unspoken component of credibility – to what extent the applicant is legible to the decision-maker. Based on interviews with legal representatives of LGBTIQ+ people seeking asylum in Australia, we observe that if the applicant’s narrative and label of their lived experience is familiar to the decision-maker, they are more likely to be understood by the decision-maker. Those whose experiences fall outside Western, and specifically Australian, conceptualisations of sexuality and gender identity categories are less legible to the decision-maker, than those who present a dominant, definitive, and stable identity narrative that is ‘out and proud’. Importantly, this paper also found that legal representatives shepherd applicants towards a clear label to perform an identity that is understood, or knowable to decision-makers.