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 * International Law
 * Law
 * Refugees

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CRITIQUING TRENDS AND IDENTIFYING GAPS IN THE LITERATURE ON LGBTQ REFUGEES AND
ASYLUM-SEEKERS

 * October 2023
 * Refugee Survey Quarterly 42(4):518-541

DOI:10.1093/rsq/hdad018
 * License
 * CC BY-NC 4.0

Authors:
Diego Garcia Rodriguez
 * University of Nottingham



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ABSTRACT

This article delivers a comprehensive review of the English-language literature
concerning the experiences of lesbian, gay, bisexual, transgender, transsexual,
and queer (LGBTQ) refugees and asylum-seekers. Through an incisive synthesis and
analysis, it identifies five pivotal themes: 1) journey and settlement; 2)
legislation, policy, and charitable intervention; 3) health; 4) creative
expression; and 5) religion, faith, and spirituality. This analysis uncovers
gaps in the existing body of knowledge, charting innovative paths for future
research and policy. This work transcends the boundaries of a traditional
scholarly review to offer actionable recommendations aimed at guiding policy and
practice. This involves pushing for strategies that are not just inclusive, but
also rooted in overcoming Western-centric approaches to gender and sexual
identities.

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Available via license: CC BY-NC 4.0
Content may be subject to copyright.
Critiquing Trends and Identifying Gaps in
the Literature on LGBTQ Refugees and
Asylum-Seekers
Diego Garcıa Rodrıguez *
ABSTRACT
This article delivers a comprehensive review of the English-language literature
concerning the expe-
riences of lesbian, gay, bisexual, transgender, transsexual, and queer (LGBTQ)
refugees and asylum-
seekers. Through an incisive synthesis and analysis, it identifies five pivotal
themes: 1) journey and
settlement; 2) legislation, policy, and charitable intervention; 3) health; 4)
creative expression; and
5) religion, faith, and spirituality. This analysis uncovers gaps in the
existing body of knowledge,
charting innovative paths for future research and policy. This work transcends
the boundaries of a
traditional scholarly review to offer actionable recommendations aimed at
guiding policy and prac-
tice. This involves pushing for strategies that are not just inclusive, but also
rooted in overcoming
Western-centric approaches to gender and sexual identities.
KEYWORDS: LGBTQ, refugees, asylum seekers, gender, sexuality, asylum, literature
review
1. INTRODUCTION
This article provides a comprehensive review of the existing body of literature
addressing the
experiences of lesbian, gay, bisexual, transgender, transsexual, and queer
(LGBTQ) refugees
and asylum-seekers (LGBTQRAS), both enhancing our understanding of their
circumstances
and the main debates and gaps in current research. According to the United
Nations High
Commissioner for Refugees (UNHCR), in 2022 approximately 103 million individuals
worldwide were forcefully displaced.
1
Of these, 32.5 million were refugees and 4.9 million
were asylum-seekers. The exact number of those who identify as LGBTQ among this
popula-
tion is unknown.
Early work in migration studies has been critiqued for assuming that immigrants
are exclu-
sively heterosexual, raising the need to analyse “how sexuality,
heteronormativity, and
* Leverhulme Early Career Fellow, University of Nottingham, UK. Email:
diego.garciarodriguez@nottingham.ac.uk. I
would like to thank the two anonymous reviewers and the editorial board for
their invaluable feedback and continuous support
throughout the writing process. Research is supported by Leverhulme Early Career
Fellowship grant.
1
UNHCR, Refugee Data Finder, 2022, available at:
https://www.unhcr.org/refugee-statistics (last visited 15 Apr. 2023).
V
CThe Author(s) 2023. Published by Oxford University Press.
This is an Open Access article distributed under the terms of the Creative
Commons Attribution-NonCommercial License (https://
creativecommons.org/licenses/by-nc/4.0/), which permits non-commercial re-use,
distribution, and reproduction in any medium,
provided the original work is properly cited. For commercial re-use, please
contact journals.permissions@oup.com
Refugee Survey Quarterly, 2023, 42, 518–541
https://doi.org/10.1093/rsq/hdad018
Advance access publication 16 October 2023
Article
Downloaded from https://academic.oup.com/rsq/article/42/4/518/7319203 by guest
on 08 December 2023








normalizing regimes in general structure all aspects of immigration”.
2
In the last 20 years, in-
creasing academic production has examined the lived experiences of LGBTQ
migrants, in-
cluding refugees and asylum-seekers.
3
Despite this, existing scholarship on LGBTQRAS had
yet to be comprehensively reviewed. This is vital to offer current and future
scholars with a
thorough understanding of the key thematic areas of study. Moreover, this can
serve as a cru-
cial guide for policymakers to design informed policies that better address the
unique needs
faced by LGBTQRAS. LGBTQ individuals face unique challenges due to their non-
normative genders and sexualities, which can result in discrimination,
persecution, and vio-
lence, as well as lack of legal protections and access to basic resources in
both their countries
of origin (COOs) and reception. Notably, this review is the first attempt to
systematically an-
alyse all the existing literature on the topic written in English. While the two
preceding
reports have pursued similar objectives, the focus was specifically on
addressing knowledge
gaps and data needs.
4
This literature review contributes to the field in multiple ways. First, it
assembles and syn-
thesises the academic literature on the experiences of LGBTQRAS offering a
cohesive analy-
sis of this body of work. Five key themes have been identified: 1) journey and
settlement; 2)
legislation, policy, and charitable intervention; 3) health; 4) creative
expression; and 5) reli-
gion, faith, and spirituality. This is crucial for scholars and practitioners
who work with this
population as it provides a comprehensive understanding that can inform future
actions.
Secondly, it highlights both areas that have received attention and aspects that
remain under-
researched proposing a road map for future directions. Thirdly, it provides a
deeper under-
standing of the intersectionality of oppression faced by LGBTQRAS encouraging
researchers
to consider multiple axes of stigma. Fourthly, it sets the stage for comparative
analysis leading
to a more nuanced understanding of the specific obstacles that this population
faces. Fifthly,
the thematic areas can help inform more effective policy development providing
useful infor-
mation to policymakers on the areas that require urgent attention, the gaps in
current poli-
cies, and strategies for addressing these challenges. Lastly, it makes a further
contribution by
improving the accessibility of existing scholarship. It breaks down complex
narratives into
comprehensive themes, thus enabling a wider range of stakeholders to navigate
this field
more efficiently.
2. METHODOLOGY
This section examines methodology and terminology-related issues, within the
context of
LGBTQ refugees and asylum-seekers (abbreviated as LGBTQRAS throughout this
article for
brevity). This article employs a literature review methodology. First, to
identify relevant liter-
ature, a comprehensive search took place on Google Scholar between January 2023
and
August 2023, utilising the keywords “LGBT refugees”, “LGBTQ refugees”,
“LGBTIQþrefu-
gees”, “LGBTIQþasylum-seekers”, “LGBTQ asylum-seekers”, “SOGI asylum”, “queer
asylum”, “bisexual refugees” and “bisexual asylum-seekers”. The Table 1
illustrates the search
2
E. Luibhe´id, “Heteronormativity and Immigration Scholarship: A Call for
Change”, GLQ: A Journal of Lesbian and Gay
Studies, 10(2), 2004, 227–235.
3
See, for example, L. Cantu´, The Sexuality of Migration: Border Crossings and
Mexican Immigrant Men, New York, NYU
Press, 2009; B. Epps, K. Valens & B. Johnson-Gonza´lez, Passing Lines: Sexuality
and Immigration, Harvard, Harvard University
Press, 2005; E. Luibhe´id, “Queer/Migration: An Unruly Body of Scholarship”,
GLQ: A Journal of Lesbian and Gay Studies,
14(2), 2008, 169–190; E. Luibhe´id, E. & L. Cantu´ Jr., Queer Migrations:
Sexuality, US Citizenship, and Border Crossings,
Minnesota, University of Minnesota Press, 2005.
4
See, for example, A. Shaw et al., Expert Convening on LGBTQIþRefugees and Asylum
Seekers: Summary and
Recommendations, Williams Institute, Los Angeles, UCLA, 2022, available at:
https://williamsinstitute.law.ucla.edu/publications/
lgbtqi-refugee-convening (last visited 25 Sep. 2023); A. Shaw and N. Verghese,
LGBTQIþRefugees and Asylum Seekers,Williams
Institute, Los Angeles, UCLA, 2022, available at:
https://williamsinstitute.law.ucla.edu/wp-content/uploads/LGBTQI-Refugee-
Review-Jul-2022.pdf (last visited 25 Sep. 2023).
Refugee Survey Quarterly 519
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terms and number of articles found when using each one. This often led to coming
across
the same articles despite using different search terms.
Following this, the titles and abstracts were screened to filter out irrelevant
and repeated
studies and ascertain whether they were aligned with the inclusion criteria to
obtain full texts
of potentially relevant ones and continue screening. To ensure a more
comprehensive
inclusion of voices, not only peer-reviewed articles, monographs, edited volumes
and book
chapters were searched for and analysed, but also non-academic reports published
by NGOs.
Once data were extracted to gather information from each study, the information
was
summarised and analysed using NVivo software. The identified themes were then
compared
and refined.
The first inclusion criterion was that the articles had to focus on LGBTQRAS.
This
guaranteed that the articles were directly relevant to the research question
(i.e. “What do we
know about the experiences of LGBTQ refugees and asylum-seekers, and what are
the main
topics and areas where information is lacking?”). The second eligibility
criterion was associ-
ated with the methodological framework adopted in the research. Consequently,
only those
articles were considered that employed either qualitative, quantitative, or
mixed methods, or
those that were rooted in doctrinal and critical legal research. This was
important to ensure
that those selected for the review were based on empirical research and of a
high methodo-
logical quality. The exclusion criteria included articles that were not
published in English,
that did not focus on LGBTQRAS, and that did not utilise any of the research
methods men-
tioned before. The search included articles published up until July 2023, with
no specified
starting date. Whilst this provided valuable insights into LGBTQRAS research,
most of the
studies reviewed were conducted in Western countries, which may not reflect the
experiences
of LGBTQRAS in other regions of the world. Non-Western terms pertinent to
LGBTQRAS
experiences were unfortunately not included in the review, thus limiting the
representation
of this population. These terms are not only linguistically diverse but also
carry sociocultural
implications that often do not have direct equivalents in English. Even within a
single non-
Western context, there may be a multitude of terms, each with slightly different
meanings,
further complicating their translation and incorporation into research.
Nevertheless, it is a
challenge worth addressing. Embracing this complexity would enhance the
representative-
ness of future reviews.
Based on this methodological approach, this article subsequently explores five
core
themes, presented in a descending hierarchy from Theme 1 to Theme 5, thereby
accentuat-
ing the need for further investigation into the lower-ranked themes.
Table 1. Search terms and number of articles found
Search term Number of articles found
LGBT refugees 890
LGBTQ refugees 697
LGBTIQþrefugees 10
LGBTIQþasylum-seekers/LGBTIQþasylum-seekers 6
LGBTQ asylum-seekers/LGBTQ asylum-seekers 383
SOGI asylum 326
Queer asylum 648
Bisexual refugees 32
Bisexual asylum-seekers/Bisexual asylum-seekers 98
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3. THEME 1: JOURNEY AND SETTLEMENT
Theme 1 delves into the lived experiences of LGBTQRAS by exploring two
sub-themes:
1) in-transit narratives and 2) integration and adaptation.
3.1. In transit narratives
A large proportion of studies focus on individuals waiting for resettlement
after having trav-
elled to “countries of first asylum” or “countries of safe transit”.
5
In certain locations, they
may seek asylum via the UNHCR. Upon successful application, they then await the
prospect
of resettlement, hoping to secure a permanent home in a hospitable nation. The
“opacity in-
herent to the bureaucracy of the resettlement selection process”
6
works to the refugees’ detri-
ment. An extensive number of studies have been conducted about those waiting in
Turkey,
which hosts the largest number of refugees in the world but offers no
protections for gender
and sexual minorities. These have shed light on the precarious situation of
LGBTQ individu-
als in the country, who are subjected to widespread violence, further compounded
by the
challenges of forced migration.
7
They encounter pervasive discrimination in housing, health-
care, and employment, which impacts their physical, mental, and financial
well-being.
8
While
awaiting the determination of their refugee status, many “avoid the police, are
afraid to leave
their homes, and have very limited access to social support, employment, and
medical care”.
9
Potential solutions to these challenges include training UNHCR workers and
police to en-
hance LGBTQ-related knowledge, providing psychological support, language
lessons, finan-
cial aid, and enabling relocation from conservative towns to larger cities.
10
Those awaiting resettlement in other low and middle-income countries (LMICs)
have re-
ceived limited attention in research. Within this body of literature, certain
shelters have been
examined as hospitable geographies. Scholars have documented the case of Casa
Miga, a
Brazilian LGBT refugee centre that provides support to this community,
safeguarding them
from violence.
11
In Mexico, La 72 has been analysed as a site of liberation through non-
heteronormative counter-hegemonic discourses.
12
These spaces hold relevance due to their
positioning in the Global South, contributing to challenging normative
frameworks of global
genders and sexualities. A growing body of literature has examined the
precarious circum-
stances faced by those living in refugee camps. One prominent case is the Kakuma
camp in
5
See, for example, M. Zaidan, We Live in Shadows: Identity, Precarity, and
Activism among LGBT Refugees and Activists in
Beirut And Athens, Washington DC, Georgetown University, 2018; A. Reda & P.
Proudfoot, “Against Abandonment Activist-
Humanitarian Responses to LGBT Refugees in Athens and Beirut”, Journal of
Refugee Studies, 34(2), 2021, 1494–1515.
6
A. Menetrier, “Implementing and Interpreting Refugee Resettlement Through a Veil
of Secrecy: A Case of LGBT
Resettlement From Africa”, Frontiers in Human Dynamics, 3, 2021, 1–9.
7
J. Kalan, “The History of Human Rights Abuses against the LGBTI Community in
Turkey”, in F. Muedini (ed.),
LGBTI Rights in Turkey: Sexuality and the State in the Middle East, Cambridge,
Cambridge University Press, 2018, 29–65.
8
Z. Kivilcim, “Lesbian, Gay, Bisexual And Transsexual (LGBT) Syrian Refugees in
Turkey”, in J. Freedman, Z. Kivilcim
& O. Baklacıoglu (eds.), A Gendered Approach to the Syrian Refugee Crisis, New
York, Routledge, 2017, 26–41.
9
N. Grungras et al., “Unsafe Haven: Security Challenges Facing LGBT Asylum
Seekers and Refugees in Turkey”, The
Fletcher Journal of Human Security, 24, 2009, 41–61.
10
G. Cragnolini, “Lesbian, Gay, Bisexual and Transgender Refugees: Challenges in
Refugee Status Determination and
Living Conditions in Turkey”, in T. Spijkerboer (ed.), Fleeing Homophobia:
Sexual Orientation, Gender Identity and Asylum,
New York, Routledge, 2013, 98–120.
11
See, for example, Y. Cowper-Smith et al., “Masks are for Sissies: The Story of
LGBTQIþAsylum Seekers in Brazil dur-
ing COVID-19”, Journal of Gender Studies, 31(6), 2022, 755–769; Y. Cowper-Smith
et al., “Surviving Overlapping Precarity in a
‘Gigantic Hellhole’: A Case Study of Venezuelan LGBTQIþAsylum Seekers and
Undocumented Migrants in Brazil Amid
COVID-19”, Statelessness & Citizenship Review, 3(1), 2021, 155–162; T.
Valiquette et al., “Casa Miga: A Case of LGBT-Led,
Transnational Activism in Latin America”, in T. Valiquette, Y. Cowper-Smith & Y.
Su (eds.), Sexualities, Transnationalism, and
Globalisation, New York, Routledge, 2021, 137–151.
12
See, for example, H. Wurtz & O. Wilkinson, “Local Faith Actors and the Global
Compact on Refugees”, Migration and
Society, 3(1), 2020, 145–161; V.H. Gutie´rrez Albertos, “La 72 como espacio
intercultural de emancipacio´n y resistencia trans
en la frontera sur de Me´xico”, Penınsula, 12(2), 2017, 69–94.
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Kenya, where LGBTQRAS have experienced violence, discrimination, and oppression.
13
These threats emerge both from other refugees and camp staff, including UNHCR
personnel
and police officers.
14
Recommendations to safeguard well-being in camp settings include en-
hancing the sensitivity of staff, creating confidential support networks, and
advocating for
protection at the national and international levels.
15
3.2. Integration and adaptation
The challenges faced by LGBTQRAS in navigating cultural and social norms have
been ex-
amined revealing the complexities of integration and adaptation processes.
LGBTQRAS of-
ten develop understandings regarding the cultural logics linked to gender and
sexual
identities while learning how to tell their life story.
16
Partnerships with local organisations
have been highlighted as a source of integration through comprehensive support
strategies
across multiple domains.
17
These include targeted business development and language sup-
port, supplemented by a case-by-case assistance, access to safe housing, and
employment
support.
18
Academic institutions have implemented youth mentoring programmes and con-
ducted research to foster community integration.
19
Some organisations have offered a combi-
nation of practical skills training for employment and self-sufficiency,
healthcare provisions,
education about local society, and administrative and financial support to
facilitate early ad-
aptation.
20
Research has noted the precarious financial status of LGBTQRAS when aiming
to adapt to the new context, frequently living below the poverty line.
21
This precarity is com-
pounded by social isolation, lack of familial and communal support, limited job
prospects,
and employers’ widespread misconceptions regarding refugees’ entitlements to
work.
22
On the topic of integration, contradicting views emerge around what asylum
officials de-
scribe as “safe spaces” vis-a`-vis the experiences of LGBTQRAS.
23
Asylum-seekers’ fears re-
garding being seen in LGBT-friendly NGOs have been identified while reflecting
on how
asylum officials force them into a “visible corporeality, therefore hindering
their very existen-
ce” through coming-out processes.
24
UN systems oppose sexual diversity by categorising the
experiences of queer asylum-seekers into fixed categories (e.g. gay, lesbian)
while erasing
13
See, for example, G. Zomorodi, “Responding to LGBT Forced Migration in East
Africa”, Forced Migration Review, 52,
2016, 91–93; B. Camminga, “‘Go Fund Me’: LGBTI Asylum Seekers in Kakuma Refugee
Camp, Kenya”, in C.M. Jacobsen,
M.A. Karlsen & S. Khosravi (eds.), Waiting and the Temporalities of Irregular
Migration, London, Routledge, 2020, 131–148;
B. Camminga, “Encamped Within a Camp: Transgender Refugees and Kakuma Refugee
Camp (Kenya)”, in J. Bjarnesen and
S. Turner (eds.), Invisibility in African Displacements, London, Bloomsbury,
2020, 36–52; N. Bhalla, “LGBTþRefugees in
Kenya Accuse UN of Failing on Protection”, Reuters, 11 Jan. 2019, available at:
https://www.reuters.com/article/us-kenya-lgbt-
refugees-idUSKCN1P51Q2 (last visited 17 Apr. 2023); N. Bhalla, “UN Moves
LGBTþRefugees to Safe Houses after Kenya
Camp Attacks”, Reuters, 13 Dec. 2018, available at:
https://www.reuters.com/article/kenya-lgbt-refugees-idAFL3N1YH3GX
(last visited 17 Apr. 2023); A. Bhagat, LGBT Asylum Claims: Examining the Limits
of Citizenship in Post-1994 Cape Town, South
Africa, Montreal, McGill University, 2016.
14
Organization for Refuge, Asylum & Migration (ORAM) & Rainbow Railroad (RR), The
Challenges Facing LGBTQIþ
Refugees In Kakuma Refugee Camp, Kenya, ORAM & RR, 2021, available at:
https://www.rainbowrailroad.org/wp-content/
uploads/2021/10/Rainbow-Railroad-and-ORAM-Report-on-Kakuma-2021.pdf (last
visited 17 Apr. 2023).
15
B. Scolaro, “The Protection of LGBTI Migrants in Camp Settings”, LGBTQ Policy
Journal, 9, 2019, 11–16.
16
D. Murray, “Becoming Queer Here: Integration and Adaptation Experiences of
Sexual Minority Refugees in Toronto”,
Refuge, 28(2), 2011, 127.
17
A. DeFreitas, J.S. Han, C. Molloy, F. Saint Juste & M. Samuel, Creating a
Blueprint for a Welcoming Minnesota: An
Analysis of Four Immigrant Integration Initiatives, The Advocates for Human
Rights, 2013, available at: https://conservancy.umn.
edu/bitstream/handle/11299/155304/Han_Creating%20a%20Blueprint.pdf;jsessionid=BE98966ECA65ABE5304D6A68193ED900?se
quence=1 (last visited 17 Apr. 2023).
18
Ibid.
19
Ibid.
20
Ibid.
21
MicroRainbow, Poverty, Sexual Orientation and Refugees in the UK, MicroRainbow,
2013, available at: https://microrainbow.
org/wp-content/uploads/2013/10/MR_REPORT_UK_digital-final-for-the-web-Reduced.pdf
(last visited 17 Apr. 2023).
22
Ibid.
23
S. Allouche, “(Dis)-Intersecting Intersectionality in the Time of Queer Syrian
Refugee-Ness in Lebanon”, Kohl: A
Journal for Body and Gender Research, 3(1), 2017, 59–77.
24
Ibid., 67.
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others (e.g. bisexual).
25
Although some asylum-seekers are not aware of what the acronym
LGBT represents, they must conform to these identities to proceed through the
system.
26
While for some arriving in a new country means being able to express themselves
as they
wish, others living in migration centres feel the pressure to hide their sexual
orientation fear-
ing the reaction of others. These centres often represent “hetero-cis-sexist
environments,
where queer asylum-seekers are highly exposed to both hypervisibility and
invisibility”.
27
This refers to their increased visibility as individuals with non-normative
genders and sexual-
ities in the asylum centre, making them target of homophobic residents, and
their invisibility
within the asylum system resulting from the lack of SOGI (sexual orientation and
gender
identity) awareness among asylum officials.
28
Lastly, the concept of ‘home’ has been explored vis-a`-vis notions of
integration. The build-
ing of an “emotional home” is sometimes linked to one’s engagement with local
LGBT
organisations.
29
This is achieved through quotidian actions such as hanging out together at
someone’s living room, having dinner, sharing one’s challenges, and providing
help to other
LGBT migrants.
30
“Home” often represents a space of desired belonging for LGBTQRAS.
31
For others, “home” is a liminal space of “in-betweenness” symbolising how they
feel neither
excluded nor belonging to the new society.
32
Researchers have also examined the practice of
separating LGBTQ from non-LGBTQ individuals in asylum accommodation, arguing
that
this can contribute to their homogenisation, racialisation, and othering.
33
***
Theme 1 has focused on a body of literature on the transit journeys and
integration pro-
cesses undergone by LGBTQRAS. First, this scholarship reveals how common
analyses of
pre- and post-migration challenges simplify a complex and continual process. The
focus
should extend beyond this dichotomy to embrace a more nuanced continuum of
experiences.
More research exploring the case of those aiming to leave their COOs is needed
vis-a`-vis the
impact of discriminatory legislation among the various sub-groups within the
LGBTQþpop-
ulation to identify its varying degree of impact. Secondly, there is a
significant gap in under-
standing the case of those awaiting resettlement in LMICs. Further explorations
of South–
South patterns could complement the traditional South–North ones. More research
should
also be conducted regarding LGBTQþindividuals living in refugee camps. Thirdly,
research
must delve deeper into the pressures to conform to normative Western frameworks
of gen-
der and sexuality, and the navigation of hetero-cis-sexist environments while
also considering
the role of alternative subjectivities and subject position this population may
identify with.
From a policy perspective, several recommendations can be drawn regarding this
first
theme. Western policymakers should work towards enhancing protections for
LGBTQRAS
in host countries, including anti-discrimination laws. Establishing confidential
support
25
M. Clare, “Refugees Don’t Drink Wine, But Gay Men Should: Exploring the
Intersections of Refugeehood, Sexuality
and Nationality among Gay Syrian Refugees in Lebanon”, Lund, Lund University,
2015.
26
Ibid., 52.
27
A. Ropianyk & S. D’Agostino, “Queer Asylum Seekers in Belgium: Navigating
Reception Centers”, DiGeSt-Journal of
Diversity and Gender Studies, 8(2), 2021, 58–69.
28
Ibid.
29
B. Porziella, “LGBT Migrants and Refugees’ Search for Home: An Intersectional
Struggle”, The Interdisciplinary Journal
of International Studies, 11(1), 2021, 25.
30
Ibid., 28.
31
K. Fobear, “The Precariousness of Home and Belonging Among Queer Refugees: Using
Participatory Photography in
Oral Histories in Vancouver, British Columbia”, The Oral History Review, 49(2),
2022, 199–226.
32
A. Karimi, Sexuality and Integration: Gay Iranian Refugees Navigating Refugee
Status and Integration in Canada, Alberta,
University of Alberta, 2019.
33
L.J. Hiller, “Queer Asylum Politics of Separation in Germany: Homonationalist
Narratives of Safety”, Gender, Place &
Culture, 29(6), 2022, 858–879.
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networks and advocating for their protection at the national and international
levels are
crucial. UNHCR and other humanitarian actors should prioritise staff training on
LGBTQ-related issues, both in transit and resettlement processes. Asylum
procedures
should be revised to ensure they do not force individuals into fixed identity
categories or
create undue pressures for visibility. Finally, considering the importance of a
sense of
belonging in the integration process, policy should promote the creation of
welcoming
environments in their host communities. This can include support for local
organisa-
tions, targeted community programmes, and facilitating connections with
community
networks. While doing so, it is essential to emphasise that integration should
not involve
cultural assimilation through the erasure of one’s identity.
4. THEME 2: LEGISLATION, POLICY, AND CHARITABLE
INTERVENTION
This section introduces a second theme, which relates to debates around
legislation, pol-
icy, and charitable intervention. Since Canada’s historic decision to welcome
LGBT refu-
gees in 1991, other countries have followed suit, including Australia and the US
in 1994
and the UK in 1999. The UNHCR’s guidance note on refugee claims relating to
SOGI,
published in 2008 and replaced by the SOGI Guidelines in 2012, constituted a
step to-
wards greater fairness in the adjudication of SOGI claims. However, the legal
essentialisa-
tion of gender and sexual identities remains a significant challenge in claiming
asylum.
34
This has implications for the credibility assessment process, which relies
solely on the
claimant’s story and often fails to consider variations in individual
experiences.
35
Caseworkers struggle to empathise with claimants and may expect them to “act
dis-
creetly”, which ignores the consequences of involuntary discovery.
36
The “discretion
requirement” used to return people to their home countries
37
has been eliminated by,
among others, New Zealand in 1995, Australia in 2003, and the Court of Justice
of the
European Union in 2013. Related to this, what some describe as a “fundamental
shift in
asylum law”
38
took place in the UK in 2010. Through the combined cases of HJ (Iran)
and HT (Cameroon), the Supreme Court ruled that discretion reasoning was
inconsistent
with the Refugee Convention.
39
This inaugurated a novel test to be enforced in the con-
text of asylum claims from sexual minorities. While this was celebrated by some,
there
were concerns regarding the transition of the legal framework from discretion to
incredu-
lity, imposing an additional burden on asylum-seekers.
40
Four sub-themes have been
identified within Theme 2: 1) normative legal bias and legal (in)credibility, 2)
unique
vulnerabilities, 3) colonialism and law, and 4) charitable intervention.
34
See, for example, D.A. Morgan, “Not Gay Enough For the Government: Racial and
Sexual Stereotypes in Sexual
Orientation Asylum Cases”, Law & Sexuality: Rev. Lesbian, Gay, Bisexual &
Transgender Legal Issues, 15, 2006, 135; F. Valdes,
“Queering Sexual Orientation: A Call for Theory and Practice”, in M. Albertson,
J.E. Jackson & A.P. Romero (eds.), Feminist
and Queer Legal Theory, London, Routledge, 2009, 91–112; M. Koc¸ak, “Who is
‘Queerer’ and Deserves Resettlement?: Queer
Asylum Seekers and their Deservingness of Refugee Status in Turkey”, Middle East
Critique, 29(1), 2020, 29–46.
35
J. Wessels, Sexual Orientation in Refugee Status Determination, Oxford, Refugee
Studies Centre, Working Paper Series
No. 74, 2011.
36
Ibid., 41.
37
N. LaViolette, “Independent Human Rights Documentation and Sexual Minorities: An
Ongoing Challenge for the
Canadian Refugee Determination Process”, The International Journal of Human
Rights, 13(2–3), 2009, 437–476.
38
J. Wessels, “HJ (Iran) and HT (Cameroon)–Reflections on a New Test for
Sexuality-Based Asylum Claims in Britain”,
International Journal of Refugee Law, 24(4), 2012, 815–839.
39
A. Powell, “‘Sexuality’ through the Kaleidoscope: Sexual Orientation, Identity,
and Behaviour in Asylum Claims in the
United Kingdom”, Laws, 10(4), 2021, 90.
40
Wessels, “HJ (Iran) and HT (Cameroon)–Reflections”.
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4.1. Normative legal bias and legal (in)credibility
The legal challenges faced by LGBTQRAS reveal the existence of processes that
perpetuate
normative gender and sexual identities. “Western” moral exceptionalism positions
itself as
the self-appointed guardian of the liberated homosexual subject.
41
This moral superiority is
founded on racist imaginaries that dichotomise the progressive “us” against the
homophobic
“other”.
42
The successful enactment of the “Pink Agenda” in the socio-legal context of the
Council of Europe “is achieved by building and reinforcing a concept of European
sexual citi-
zenship that is strongly homonationalist in nature”.
43
Sexual citizenship is a multifaceted the-
oretical construct.
44
For some, it serves as a framework to understand the allocation or
deprivation of rights to social groups, contingent upon their sexual identity.
Others interpret
sexual citizenship through the lens of participatory rights in a consumer
society.
45
Broadly, it
encapsulates the entitlements and obligations associated with an individual’s
sexual identity
and conduct within a specific society.
This first theme reveals the pervasive nature of neo-colonial legal processes
through
which modern “Western” identities are perpetuated as superior vis-a`-vis
“illegitimate”
queer identities that do not match such standards. Scholarship has explored this
in
Norway,
46
Australia,
47
Belgium,
48
, Greece,
49
the UK,
50
France,
51
Canada,
52
Turkey,
53
41
M. Soulier, “Racializing Homophobia: Tracing Sexual Political Discourse within
Europe’s ‘Refugee Crisis’ in Berlin”,
Kohl: A Journal for Body and Gender Research, 3(1), 2017.
42
F. Chossie`re, “Debunking the Liberation Narrative: Rethinking Queer Migration
and Asylum to France”, in B.
Camminga & J. Marnell (eds.), Queer and Trans African Mobilities: Migration,
Asylum and Diaspora, London, Bloomsbury,
2022, 221–237.
43
F.R. Ammaturo, “The ‘Pink Agenda’: Questioning and Challenging European
Homonationalist Sexual Citizenship”,
Sociology, 49(6), 2015, 1151–1166.
44
D. Richardson, “Rethinking Sexual Citizenship”, Sociology, 51(2), 2017, 208–224.
45
Ibid.
46
See, for example, D. Akin, “Discursive Construction of Genuine LGBT Refugees”,
Lambda Nordica, 23(3–4), 2019, 21–
46; D. Akin & S.H.B. Svendsen, “Becoming Family”, in A. Rohde, C.V. Braun & S.
Schu¨ler-Springorum (eds.), National Politics
and Sexuality in Transregional Perspective: The Homophobic Argument, London,
Routledge, 2017, 39–54.
47
C. Dauvergne & J. Millbank, “Burdened by Proof: How the Australian Refugee
Review Tribunal has Failed Lesbian and
Gay Asylum Seekers”, Federal Law Review, 31(2), 2003, 299–342.
48
W. Peumans, “Queer Muslim Migrants in Belgium: A Research Note on Same-Sex
Sexualities and Lived Religion”,
Sexualities, 17(5–6), 2014, 618–631; A. Hamila, “Asylum Caseworkers as
Policymakers: The Recognition of SOGI
Persecutions as a Ground to Grant Refugees Status in Belgium”, in Federica
Infantino & Djordje Sredanovic (eds.), Migration
Control in Practice: Before and Within the Borders of the State, Brussels,
University of Brussels, 2022.
49
S. Zisakou, “Credibility Assessment in Asylum Claims Based on Sexual Orientation
by the Greek Asylum Service”,
Frontiers in Human Dynamics, 3, 2021, 1–15.
50
See, for example, B. O’Leary, “‘We Cannot Claim Any Particular Knowledge of the
Ways of Homosexuals, Still Less of
Iranian Homosexuals...’: The Particular Problems Facing Those Who Seek Asylum on
the Basis of their Sexual Identity”,
Feminist Legal Studies, 16(1), 2008, 87–95; C. Giametta, The Sexual Politics of
Asylum: Sexual Orientation and Gender Identity in
the UK Asylum System, London, Routledge, 2017; A. Powell, “Normative
Understandings: Sexual Identity, Stereotypes, and
Asylum Seeking”, in C. Ashford & A. Maine (eds.), Research Handbook on Gender,
Sexuality and the Law, London, Edward
Elgar Publishing, 2020, 149–163; T. Raboin, Discourses on LGBT Asylum in the UK:
Constructing a Queer Haven, Manchester,
Manchester University Press, 2016.
51
See, for example, C. Giametta & S. Havkin, “Mapping Homo/Transphobia: The
Valorization of the LGBT Protection
Category in the Refugee-Granting System”, ACME: An International Journal for
Critical Geographies, 20(1), 2021, 99–119; F.
Chossie`re, “Refugeeness, Sexuality, and Gender: Spatialized Lived Experiences
of Intersectionality by Queer Asylum Seekers
and Refugees in Paris”, Frontiers in Human Dynamics, 3, 2021, 1–13; Chossie`re,
“Debunking the Liberation Narrative”.
52
See, for example, D.A. Murray, “The (not so) Straight Story: Queering Migration
Narratives of Sexual Orientation and
Gendered Identity Refugee Claimants”, Sexualities, 17(4), 2014, 451–471; D.A.
Murray, “Real Queer: ‘Authentic’ LGBT
Refugee Claimants and Homonationalism in the Canadian Refugee System”,
Anthropologica, 2014, 21–32; S.D. Dempsey,
“Becoming Queer in Canada: Sexual Orientation/Gender Identity (SOGI) Refugee
Identities and the Canadian Immigration
Apparatus”, University of Northern British Columbia; S. Brotman & E.O.J. Lee,
“Exploring Gender and Sexuality through the
Lens of Intersectionality: Sexual Minority Refugees in Canada”, Canadian Social
Work Review, 28(1), 2011, 151–156.
53
See, for example, E. Sarı, “Lesbian refugees in transit: The making of
authenticity and legitimacy in Turkey”, Journal of
Lesbian Studies, 24(2), 2020, 140–158; M. Koc¸ak, “Who is ’queerer’ and deserves
resettlement?: Queer asylum seekers and their
deservingness of refugee status in Turkey”, Middle East Critique, 29(1), 2020,
29–46.
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the USA,
54
Ireland,
55
Finland,
56
Serbia,
57
Holland,
58
and Germany.
59
The building of a
“sexual minority refugee” is characterised by a “constitutive
overdetermination”, whereby
the established socio-sexual-political classifications of the destination state
lead to the
closure of these individuals’ previous identities.
60
This restrictive environment, which
significantly limits their ability to fully express their experiences,
inevitably impacts the
perceived credibility of asylum claims. Existing research has been instrumental
in criti-
cally examining the credibility assessment in restrictive refugee determination
contexts.
Negative credibility assessments are often based on shaky reasoning or
indefensible
grounds, highlighting the need for structural and institutional changes to
improve the
process.
61
For example, the evidentiary practices of the Australian Refugee Review
Tribunal reveal how their low standard leads to unfair decisions and incorrect
application
of law due to the “lack of high quality evidence and sound evidentiary
practices”.
62
The oversimplification of complex journeys of sexual identity development by
legal sys-
tems through the expectation of rigid trajectories negatively impacts LGBT
asylum claims.
63
Decision-makers often overlook the concealment of non-normative genders and
sexualities
among asylum-seekers due to oppressive social forces leading to the rejection of
their claims
based on Western-centric normative “gayness”.
64
This reveals “the tacit (re)enforcement and
imposition of Western narratives of what counts as intelligible sexual and
gender identities,
persecution, or injury” to highlight the complicit nature of the resettlement
paradigm in pro-
ducing, disciplining, and shaping queer refugees as normative LGBT subjects and
“secure”
(i.e. non-terrorist) citizens of the country of resettlement.
65
Cases in Australia and Canada
demonstrate the need for better understanding among decision-makers regarding
LGBT
experiences.
66
Empathy and imagination, not just legal norms, are crucial in assessing asylum
claims, and the current lack of these qualities among decision-makers leads to
biases based
on personal understandings of gender and sexuality.
67
These normative approaches include
mononormative conceptions that privilege forms of coupledom, placing those
encountering
hurdles in maintaining long-term same-sex relationships at a disadvantage.
68
54
A. Shaw et al., LGBT Asylum Claims in the United States, Los Angeles, The
Williams Institute, 2021, available at: https://
williamsinstitute.law.ucla.edu/wp-content/uploads/Asylum-LGBT-Claims-Mar-2021.pdf
(last visited 24 Apr. 2023).
55
P. Brazil & S. Arnold, “LGBTI Asylum Applications in Ireland”, in A. Gu¨ler et
al. (eds.), LGBTI Asylum Seekers and
Refugees from a Legal and Political Perspective, Switzerland, Springer, 2019,
141–163.
56
H. Selima et al., “(In)credibly Queer? Assessments of Asylum Claims Based on
Sexual Orientation”, Turku University,
available at:
https://scholar.google.es/scholar?start=30&q=%22sogi+asylum%22&hl=en&as_sdt=0,5#:~:text=(In)%20credi
bly%20Queer%3F%20Assessments%20of%20Asylum%20Claims%20Based%20on%20Sexual%20Orientation
(last visited 26
June 2023).
57
J.J. Badali, “Migrants in the Closet: LGBT Migrants, Homonationalism, and the
Right to Refuge in Serbia”, Journal of
Gay & Lesbian Social Services, 31(1), 2019, 89–119.
58
M. Hertoghs & W. Schinkel, “The State’s Sexual Desires: The Performance of
Sexuality in the Dutch Asylum
Procedure”, Theory and Society, 47, 2018, 691–716.
59
Soulier, “Racializing Homophobia”.
60
Murray, “Becoming Queer Here”.
61
J. Millbank, “‘The Ring of Truth’: A Case Study of Credibility Assessment in
Particular Social Group Refugee
Determinations”, International Journal of Refugee Law, 21(1), 2009, 1–33.
62
C. Dauvergne & J. Millbank, “Burdened by Proof: How the Australian Refugee
Review Tribunal has Failed Lesbian and
Gay Asylum Seekers”, Federal Law Review, 31(2), 2003, 299–342.
63
L. Berg & J. Millbank, “Constructing the Personal Narratives of Lesbian, Gay and
Bisexual Asylum Claimants”, Journal
of Refugee Studies, 22(2), 2009, 195–223.
64
J. Millbank, “From Discretion to Disbelief: Recent Trends in Refugee
Determinations on the Basis of Sexual
Orientation in Australia and the United Kingdom”, The International Journal of
Human Rights, 13(2–3), 2009, 391–414.
65
F. Saleh, “Resettlement as Securitization: War, Humanitarianism, and the
Production of Syrian LGBT Refugees”, in E.
Luibhe´id & K.R. Cha´vez (eds.), Queer and Trans Migrations, Oxford, Oxford
Academic, 2020, 74–89.
66
J. Millbank, “Imagining Otherness: Refugee Claims on the Basis of Sexuality in
Canada and Australia”, Melbourne
University Law Review, 26(1), 2002, 144–177.
67
Ibid.
68
R. Gordon-Orr, “Mononormativity and Related Normative Bias in the UK Immigration
System: The Experience of
LGBTIQþAsylum Seekers”, Frontiers in Human Dynamics, 3, 2021, 1–12.
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Literature exploring the case of bisexual asylum-seekers reveals the specific
challenges
faced by this population.
69
First, an observed trend indicates a diminished likelihood of state
protection granted to bisexual asylum-seekers as compared to their gay and
lesbian counter-
parts. Secondly, there is an inclination among bisexual asylum-seekers to
misidentify as either
gay or lesbian throughout the asylum process, driven by the apprehension that
maintaining a
bisexual identity could potentially lead to the rejection of their application.
In the context of
dominant mononormative assumptions, bisexual individuals may be expected to be
able to
safely return to their COOs and conceal their identity as heterosexual.
Powell proposes an alternative framework providing a more inclusive approach to
sexual
difference.
70
Challenging the conflation of sexuality and identity, he raises the significance
of
acknowledging sexual behaviours and orientations through alternative legal
frameworks of
sexual diversity. The deeply troubling focus on authenticity and genuineness can
obscure the
structural violence that produces refugee flows in the first place. This can
reinforce exclusion-
ary practices that privilege certain experiences over others. Reflecting on
this, Ferreira
expresses concerns regarding the European asylum system, which works “to
establish a ‘truth’
that cannot be established” stripping queer asylum-seekers of their own “truth”.
71
A body of
literature, resulting from the 2016 to 2020 SOGICA (Sexual Orientation and
Gender
Identity Claims of Asylum) Project, has employed the notion of “SOGI asylum” to
advocate
for better guidance for decision-makers to interpret the Refugee Convention.
72
This litera-
ture argues for a shift in focus from the assessment of claimants as members of
a SOGI mi-
nority to an examination of the actual risk of persecution using SOGI-specific
Country of
Origin Information (COI).
73
While doing so, attention is brought to the overlooked notion
of family rights for SOGI asylum claimants to highlight the damaging effects of
a
“heteronormative, homonormative, and Western-centered” application of asylum and
refugee
law.
74
Scholars have explored how the concept of “family” is used in refugee protection
argu-
ing that queer “chosen families ought to qualify for refugee family reunion and
group status
determination”.
75
Others propose an interdisciplinary framework, combining human rights-
based approaches with insights from feminist and queer theories to address legal
shortcom-
ings.
76
The persistent problems within the European Union’s Common European Asylum
System (CEAS) that affect SOGI asylum claims have led to suggestions to ensure
more equi-
table treatment. This includes addressing issues such as “accelerated
procedures, country of
origin information, ‘safe country of origin’ notions, the burden of proof, the
concept of a
‘particular social group’, and the definition of persecution”.
77
Specific regulations, such as the Canadian Bill C-31 and its Designated Foreign
Nationals
(DFN) and Designated Country of Origin (DCO) categories have been described as
obstacles due to their potential to invalidate asylum claims based on how
individuals arrive
69
See, for example, Z. Peyghambarzadeh, “The Untellable Bisexual Asylum Stories”,
in. E. Maliepaard and R. Baumgartner
(eds.), Bisexuality in Europe, London, Routledge, 2020, 21–35; J. Gross,
“Neither Here nor There: The Bisexual Struggle for
American Asylum”, Hastings Law Journal, 69, 2017, 985; J. Poutanen, Responses to
Bisexuality in the Danish Asylum System,
Aalborg, Aalborg University, 2021.
70
Powell, “‘Sexuality’ through the Kaleidoscope”.
71
N. Ferreira, “Utterly Unbelievable: The Discourse of ‘Fake’ SOGI Asylum Claims
as a Form of Epistemic Injustice”,
International Journal of Refugee Law, 2023, 303–326.
72
M. Dustin & N. Ferreira, “Improving SOGI Asylum Adjudication: Putting
Persecution Ahead of Identity”, Refugee
Survey Quarterly, 40(3), 2021, 315–347.
73
Ibid.
74
C. Danisi & N. Ferreira, “Legal Violence and (in)Visible Families: How Law
Shapes and Erases Family Life in SOGI Asylum
in Europe”, Human Rights Law Review, 22(1), 2022, 1–31.
75
S. Ritholtz & R. Buxton, “Sanctuary after Asylum: Addressing a Gap in the
Political Theory of Refuge”, American
Political Science Review, 2022, 1–6.
76
C. Danisi et al., “A Theoretical Framework: A Human Rights Reading of SOGI
Asylum Based on Feminist and Queer
Studies”, in C. Danisi et al. (eds.), Queering Asylum in Europe, Springer, 2021,
51–93.
77
N. Ferreira, “Reforming the Common European Asylum System: Enough Rainbow for
Queer Asylum Seekers?”,
GenIUS, 2018, 25–42.
Refugee Survey Quarterly 527
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and what countries they come from.
78
In Canada, federal-level legislation has increased chal-
lenges relating to being able to work, finding housing, and lacking mental
health support.
79
In the USA, scholars have argued for the adoption of a uniform standard to
guarantee consis-
tency for LGBT asylum-seekers.
80
In Aotearoa/New Zealand, the challenges encountered by
LGBTQRAS expose the barriers imposed by the state.
81
These range from the protracted
timelines for application processing to the imposition of onerous bureaucratic
requirements
for evidence, which fail to account for the impossibility of obtaining such
documents from
their COOs. Conflicts have also been described between asylum applicants and
translators.
Applicants have reported how translators have been “mistranslating, rebuking or
judging peo-
ple, or being dismissive of their fears such as the death penalty”.
82
4.2. Unique vulnerabilities
Research within Theme 2 has also explored the particular vulnerabilities of
groups including
transgender people, LGBTIQþchildren, and domestic violence survivors.
Transgender
women face obstacles due to normative legal frameworks and are
disproportionately targeted
for violence due to their gender identity and expression.
83
The contours of gender-based asy-
lum in providing sanctuary for those presumed to be heterosexual cis women have
been ex-
plored in the USA, where a social group of “gay men with female sexuality
identities” started
to be eligible for asylum in 2000, a landmark legal decision that facilitated
the recognition of
transwomen applicants as refugees.
84
However, this has failed to extend to transmen, gender
variants, and gender queer applicants.
85
In America, the Immigration and Nationality Act’s
prostitution ground of inadmissibility negatively impacts transgender women’s
lives through
the entanglement of state power and sexual politics.
86
Past sex work offences or convictions
complicate their pursuit of relief from removal.
Legal research has noted how the experiences of trans individuals navigating
institutional
frameworks are complicated by the normative categories used by asylum systems
and human-
itarian organisations. This results in a dissonance between fluid gender
identities and the
rigid categories they are forced to conform to.
87
A more flexible approach to identity categories
could better accommodate these individuals. Exploring the case of Syrian queer
and gender-
variant refugees, Saleh describes how they come across the term “transgender”,
which is
78
G. Kinsman, “Policing Borders and Sexual/Gender Identities: Queer Refugees in
the Years of Canadian Neoliberalism
and Homonationalism” in N. Nicol et al. (eds.), Envisioning Global LGBT Human
Rights (Neo)colonialism, Neoliberalism,
Resistance and Hope, London, School of Advanced Study, 2018, 97–130.
79
G. Newton, Building a Life: Integration Outcomes among Government-Assisted
Refugee Newcomers in Greater Vancouver,
Vancouver, University of British Columbia, 2019.
80
J. Sellars, “Adjudicating Asylum: The One-Year Bar, Changed Circumstances, and
Turning Back The Clock for Same-
Sex Couples”, Journal of Race Gender & Poverty, 6, 2014, 139.
81
L. Innes-Hill, Queer(y)ing Resettlement in Aotearoa New Zealand: An Inquiry into
Family Reunification Pathway Reform for
Former Refugees, Wellington, Victoria University of Wellington, 2020.
82
United Kingdom’s Independent Chief Inspector of Borders and Immigration, An
Inspection of the Home Office’s Use of
Language Services in the Asylum Process May–November 2019, London, Home Office,
2019, available at: https://assets.publishing.ser
vice.gov.uk/government/uploads/system/uploads/attachment_data/file/933930/An_inspection_of_the_Home_Office_s_use_of_
language_services_in_the_asylum_process.pdf (last visited 24 Apr. 2023).
83
UNHCR, Women on the Run: First-Hand Accounts of Refugees Fleeing El Salvador,
Guatemala, Honduras, and Mexico,
2015, available at:
http://www.unhcr.org/en-us/publications/operations/5630f24c6/women-run.html
(last visited 24 Apr.
2023). S. Vogler, “Determining Transgender: Adjudicating Gender Identity in US
Asylum Law”, Gender & Society, 33(3), 2019,
439–462.
84
S.L. McKinnon, “US Gender-and Sexuality-Related Asylum Law: The Politics of
Transgender Asylum”, Communication
and the Public, 1(2), 2016, 245–250.
85
V. Neilson, “Uncharted Territory: Choosing an Effective Approach in
Transgender-Based Asylum Claims”, Fordham
Urban Law Journal, 32, 2004, 265.
86
L. Medina, “Immigrating While Trans: The Disproportionate Impact of the
Prostitution Ground of Inadmissibility and
Other Provisions of the Immigration and Nationality Act on Transgender Women”,
St. Mary’s Law Review on Race & Social
Justice, 19, 2016, 253–292.
87
S. Ballin & I. Manganini, “Fixed Categories vs. Fluid Identities: How Are Queer
Voices Silenced in the Theory and
Practice of Asylum Law?”, 11(1), OxMo, 2023, 20–27.
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promoted by UNHCR.
88
Furthermore, refugee-specific challenges (e.g. reduced institutional
support, racism) and trans-specific barriers (e.g. access to hormone therapy,
harassment, vio-
lence) intersect in the lives of trans refugees.
89
The realities of trans individuals illuminate the
clash between conformity and resistance, showcasing how certain asylum-seekers
succumb to
the omnipresent forces of normativity, while others reject such tyrannical
processes and re-
nounce their pursuit of asylum altogether.
90
An additional sub-theme relates to the case of LGBTQ children and teenagers.
91
The legal
obstacles they face in obtaining asylum stem from the judicial reliance on
normative labels
and stereotypes about queer individuals, as well as the expectation that they
adhere to adult
standards of persecution.
92
Shifting political landscapes have posed a legal threat to this pop-
ulation, as the Trump presidency illustrated in the USA.
93
In Sweden, a study of unaccompa-
nied minors seeking asylum due to their SOGI reveals how case officers hold
homonormative expectations regarding their sexual relationships, which align
with those of
adults.
94
Case officers often consider their stories more credible when providing details
about
their sexual behaviours based on lasting relationships associated with
homonormativity.
A body of legal research has explored intimate partner violence (IPV) as an
issue faced by
LGBTQRAS. In the USA, some avenues of legal protection are available, such as
self-petition
through the Violence Against Women Act.
95
An additional legal path is the U-Visa available
to victims of “sexual assault, domestic violence, and certain other crimes”
regardless of mari-
tal status.
96
However, these are not always accessible to all survivors. Efforts to address
this
vulnerability include proposals to incorporate same-sex domestic violence into
LGBTQ hu-
man rights legislation.
97
Raising awareness on this type of violence, interventions have been
developed to educate migrants on gender and sexuality issues including LGBT
refugees.
98
4.3. Colonialism and law
A third sub-theme relates to the legal challenges facing LGBTQRAS vis-a`-vis the
impact of
colonial laws and the responsibilities of host countries in providing
post-asylum protection.
“Western” influence has exacerbated persecution on the grounds of LGBTQ
identity, as illus-
trated by examples of discriminatory laws in Nigeria, Uganda, Zimbabwe,
Malaysia,
Singapore, and Sri Lanka.
99
Acknowledging the damaging impact of colonial practices in
evaluating queer asylum cases, scholars emphasise the irony of providing refuge
to those
88
F. Saleh, “Transgender as a Humanitarian Category: The Case of Syrian Queer and
Gender-Variant Refugees in
Turkey”, Transgender Studies Quarterly, 7(1), 2020, 37–55.
89
Ibid., 346.
90
M. Balaguera, “Trans-Asylum: Sanctioning Vulnerability and Gender Identity
across the Frontier”, Ethnic and Racial
Studies, 0(0), 2022, 1–22.
91
S. Hazeldean, “Confounding Identities: The Paradox of LGBT Children Under Asylum
Law”, UCDL Review, 45(2),
2011, 373–444.
92
Ibid., 443.
93
C. Mora, “‘Shoot Them!’ The Trump Administration’s Immigration Policy and its
Effect on LGBTI Migrants and
Asylum Seekers,” Georgetown Immigration Law Journal, 34(1), 2019, 121–138.
94
D. Hedlund & T. Wimark, “Unaccompanied Children Claiming Asylum on the Basis of
Sexual Orientation and
Gender Identity”, Journal of Refugee Studies, 32(2), 2019, 257–277.
95
E.R. Nyren, “Inadequate Protections and New Risks for LGBT Victims of Intimate
Partner Violence Seeking Asylum
in the United States”, Temple International and Comparative Law Journal, 33,
2018, 49.
96
Ibid., 79.
97
See, for example, Y. Naik, Domestic Violence Against Male Same-Sex Partners in
the EU with Special Reference to Refugee
and Migrant Gay Men in Germany, London, Springer, 2022; M. Wilkinson, “Discourse
Analysis of LGBT Identities”, in E.
Friginal and J.A. Hardy (eds.), Routledge Handbook of Corpus Approaches to
Discourse Analysis, London, Routledge, 2020, 554–
570; I. Keygnaert & A. Guieu, “What the Eye Does Not See: A Critical
Interpretive Synthesis of European Union Policies
Addressing Sexual Violence in Vulnerable Migrants”, Reproductive Health Matters,
23(46), 2015, 45–55.
98
Focus on Men (FOMEN), Intervention and Education Program on Gender Sensitization
and Gender Based Violence
Prevention with Male Migrants and Refugees, Brussels, 2021, available at:
https://www.focus-on-men.eu/fileadmin/WWP_
Network/redakteure/Projects/FOMEN/Manual/FOMEN_Manual_EN.pdf (last visited 24
Apr. 2023).
99
A. Sussman, “Expanding Asylum Law’s Pattern-or-Practice-of-Persecution Framework
to Better Protect LGBT
Refugees”, University of Pennsylvania Journal of Law and Social Change, 16,
2012, 111–143.
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fleeing violence while also inflicting violence on Indigenous local populations
in Global
North countries.
100
When considering the experiences of LGBTQRAS, the critique posed by queer post-
colonial literature becomes particularly relevant. Puar’s concept of
homonationalism can be
applied to the way asylum systems privilege certain identities over others.
101
“Homonationalism” is an analytic category used to represent a “brand of
homosexuality
[that] operates as a regulatory script not only of normative gayness, queerness,
or homosexu-
ality, but also of the racial and national norms that reinforce these sexual
subjects”.
102
This
involves the implementation of LGBTQ rights to simultaneously perpetuate racial
stereotypes
through dichotomous mechanisms of exclusion and inclusion. Its effects can be
identified
when asylum-seekers who do not conform to LGBTQ Western-centric narratives have
their
credibility questioned. Massad’s critique of the “Gay International”
103
is useful to explore how
the projection of Western-centric genders and sexualities onto non-Western
contexts can fail
to understand the diverse genders and sexualities present among LGBTQ
asylum-seekers.
104
The portrayal of homophobic violence as occurring “elsewhere” absolves Western
nations
from addressing the biases and heteronormativity within their asylum systems.
105
This, again,
highlights the issues faced by LGBTQRAS in their encounters with Western asylum
systems
emphasising the need for a nuanced, culturally sensitive understanding of queer
experiences
that respect the diversity of the individuals they are intended to protect.
4.4. Charitable intervention
The fourth sub-theme relates to the role of charities and networks in supporting
and shaping
the subjectivities of LGBTQRAS. Accessible language or terminologies that
adequately artic-
ulate the experiences of asylum-seekers who identify as queer individuals of
colour are often
absent in asylum circles.
106
In Greece, the LGBTQIþNGO Colour Youth has called for the
creation of spaces for LGBTQ refugees to feel part of the community through
intersectional
approaches contesting racist discourses.
107
An NGO offering Russian-speaking queers a plat-
form for solidarity reveals the emergence of a “queer Russian diaspora” in
Germany, which
hosts the largest number of Russian speakers outside of the former USSR.
108
In the UK,
organisations have supported LGBTQRAS to engage in professional activities
whilst awaiting
the outcome of their asylum application “to gain work experience”.
109
Research shows how,
while arrival in purportedly “gay-friendly” nations can provide a sense of
liberation,
LGBTQRAS encounter both vital support and exclusionary practices in
LGBTIQþsupport
groups.
110
This includes “door policies and exoticizations, and other racializing practices
that
signal their non-belonging to the (white) space”.
111
100
A. Kurze, Visualizing LGBT Inbetween Spaces: Emancipatory Power and Challenges
in the Global South, Washington,
D.C., American Political Science Association, 2022.
101
J.K. Puar, Terrorist Assemblages: Homonationalism in Queer Times, Durham, Duke
University Press, 2018.
102
Ibid.
103
As defined by Massad, “Gay International” refers to the interventionist role
played by Western human rights organisa-
tions, gay rights activists, feminist groups, publications, and non-governmental
organizations within the Arab world.
104
J.A. Massad, Desiring Arabs, University of Chicago Press, 2019.
105
K. Lalor & K. Browne, “Here Versus There: Creating British Sexual Politics
Elsewhere”, Feminist Legal Studies, 26(2),
2018, 205–213.
106
M. Burzan, TogEthered at LiQa, Lund University, 2015.
107
A. Carastathis, “Racism” versus “Intersectionality”? Significations of
Interwoven Oppressions in Greek LGBTQþ
Discourses.”, Feminist Critique: East European Journal of Feminist and Queer
Studies, 1(3), 2019.
108
R.C. Mole, “Identity, Belonging and Solidarity among Russian-Speaking Queer
Migrants in Berlin”, Slavic Review,
77(1), 2018, 77–98.
109
M. Farmer, Transnational LGBT Activism and UK-Based NGOs: Colonialism and Power,
London, Palgrave Macmillan,
2021.
110
N. Held, “‘As Queer Refugees, We Are Out of Category, We Do Not Belong To One,
Or the Other’: LGBTIQþrefu-
gees’ Experiences in ‘Ambivalent’ Queer Spaces”, Ethnic and Racial Studies,
1(21), 2022, 1898–1918.
111
Ibid.
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Scholarship has also explored the violence experienced by LGBTQRAS in asylum
accom-
modation. The impact of not conforming to masculine stereotypes among male
asylum-
seekers often leads to harassment within supposedly safe spaces such as
shelters.
112
Many
face “abuse and harassment at the hands of fellow refugees in asylum centres”.
113
To address
this, NGOs have provided alternative accommodation to ensure that they have
access to safe
spaces. However, work with Syrian refugees in Turkey illustrates the absence of
a coherent
strategy for identifying LGBTQIþpersons among humanitarian organisations
supporting
asylum-seekers, which is compounded by an expectation of disclosure.
114
The fear of stigma-
tisation prevents them from seeking aid, while organisations simultaneously work
within the
limits of governmental regulations.
115
Complementing this literature, existing evaluations
highlight the efficacy of trainings implemented to educate frontline workers on
how to
engage with refugees escaping from SOGIE-based
116
persecution.
117
Such exercises have
increased the knowledge of protection frameworks, awareness of their needs,
improved
positive attitudes towards them, and led to the implementation of activities to
design
welcoming environments.
118
***
Theme 2 has explored discussions around the legal challenges encountered by
LGBTQRAS,
unveiling the persistent reinforcement of normative gender and sexual identities
in socio-
legal systems that restrict the perception of credibility of asylum claims.
Future research
should consider the underlying implications of normative legal biases and their
impact on
the everyday lives of LGBTQRAS (for example, regarding health, employment,
housing,
and/or child custody rights). Particular groups within the LGBTQRAS community,
such as
intersex, non-binary, and transgender individuals as well as teenagers and
children, merit in-
depth investigation. Research should also analyse how identity, race, religion,
gender, and
sexual orientation intersect to shape the experiences of LGBTQRAS while
examining how
prescriptive frameworks can be reformed to better accommodate non-binary and
fluid
identities.
From a policy perspective, legislative reform is paramount across the world.
This relates
both to COOs, where violence pushes LGBTQþpeople to flee, and to countries of
asylum,
where normative protocols further marginalise them. Policies should include
explicit protec-
tions for gender and sexual minority status. Furthermore, asylum protocols
shaped by
Western-centric sexuality and gender identity models, as noted before, must be
reassessed to
work towards more inclusive approaches. In terms of asylum policies,
decision-makers should
be provided with better guidance to interpret the Refugee Convention and improve
their
understanding of the risks that LGBTQRAS face in their COOs. Lastly, laws that
penalise
consensual same-sex activities should be condemned, and international
stakeholders should
exert pressure on governments that enforce such laws, as they directly
contribute to the
persecution of these communities.
112
N.K. Brigden, “Gender Mobility: Survival Plays and Performing Central American
Migration in Passage”, Mobilities,
13(1), 2018, 111–125.
113
Ibid.
114
O
¨. Togay, Transferred Invisibilities and Stigmatization: A Qualitative Research
on the Engagement of Humanitarian
Organizations with Syrian LGBTQIþPeople in Turkey, Uppsala, Uppsala University,
2020.
115
Ibid.
116
SOGIE stands for sexual orientation, gender identity, and gender expression.
117
O. Pizmony-Levy, Closing Protection Gaps, New York, Columbia University, 2016.
118
Ibid., 63.
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5. THEME 3: HEALTH
Theme 3 explores the health needs and challenges of LGBTQRAS by focusing on
three
sub-themes: 1) pre- and post-migration health challenges, 2) dual
vulnerabilities: sexually
transmitted infections (STIs) and sex work, and 3) tools and solutions.
5.1. Pre- and post-migration health challenges
Understanding the health challenges of LGBTQRAS involves considering both their
pre-migratory and post-resettlement experiences. Despite a predominant focus on
the health
issues faced by LGBTQRAS post-resettlement, scholars have also delved into their
pre-migratory health experiences.
Four primary issues have been addressed as contributors to pre-migration health
chal-
lenges: 1) living in fear should someone discover one’s gender identity and
sexual orienta-
tion; 2) concealing identities; 3) systemic harassment, physical and sexual
assault, and
corrective rape; and 4) the complicity of state actors and law enforcement in
perpetrating vi-
olence.
119
Research has examined the impact on LGBTQRAS of the Russian occupation of
Ukraine in 2022 noting the challenges faced by queer Ukrainians fleeing the war
when seek-
ing to access healthcare.
120
In Russia, the “gay propaganda” laws prompted queer individuals
to leave in search of safety lacking access to healthcare in their home country.
121
Furthermore, the COVID-19 pandemic has posed challenges for LGBTQRAS. Those in
transit countries awaiting resettlement found themselves in a state of limbo due
to the clo-
sure of international borders and the interruption of the UNHCR resettlement
program,
thus struggling to access healthcare services.
122
The challenges faced by LGBTQRAS are not
limited to specific regions or crises since they persist across various contexts
and sometimes
affect specific groups in distinct ways. For example, lesbian asylum-seekers
habitually experi-
ence sexual assault in their COOs, including by state officials such as prison
guards, thereby
instilling a persistent sense of vulnerability and apprehension with respect to
further abuse
by powerful figures in the receiving countries.
123
They are also exceedingly susceptible to vio-
lence including coerced marriage, intrafamilial physical aggression, sexual
violence within
marital contexts, sexual harm within familial circles, and enforced pregnancies
and
abortions.
124
Adding to the body of pre-migration literature, researchers have conducted
in-depth stud-
ies in the post-migration environment, uncovering the fragile health conditions
of
LGBTQRAS individuals. For example, unstable housing situations reveal their
emotional and
119
E.J. Alessi et al., “A Qualitative Exploration of the Premigration Victimization
Experiences of Sexual and Gender
Minority Refugees and Asylees in the United States and Canada”, The Journal of
Sex Research, 54(7), 2017, 936–948.
120
E. Holt, “Transgender Ukrainians facing ‘exacerbated’ Challenges”, The Lancet,
399(10335), 2022, 1584.
121
See, for example, A.G. Bennett, “The Cure that Harms: Sexual Orientation-Based
Asylum and the Changing Definition
of Persecution”, Golden Gate University Law Review, 29, 1999, 279–309; S.D. Fox
et al., “Minority Stress, Social Integration, and
the Mental Health Needs of LGBTQ Asylum Seekers in North America”, Social
Science & Medicine, 246(112727), 2020, 1–10;
A.S. Leonard, “US Ninth Circuit Revives Russian Gay Asylum Seeker’s Bid”, Gay
City News, 3 Dec. 2013, available at: https://
digitalcommons.nyls.edu/cgi/viewcontent.cgi?article=1357&context=fac_other_pubs
(last visited 17 Apr. 2023); R.C. Mole,
“Identity, Belonging and Solidarity Among Russian-Speaking Queer Migrants in
Berlin”, Slavic Review, 77(1), 2018, 77–98;
R.C. Mole, “Queer Russian Asylum Seekers in Germany: Worthy Refugees and
Acceptable Forms of Harm?”, in E. Fiddian-
Qasmiyeh (ed.), Refuge in a Moving World, London, UCL Press, 2020, 273–288; A.
Novitskaya, “Sexual Citizens in Exile: State-
Sponsored Homophobia and Post-Soviet LGBTQIþMigration”, The Russian Review,
80(1), 2021, 56–76; U. Skornyakova,
Coming out (or not) of Russian LGBT Immigrants: What is Changing Regarding
Disclosure with an Immigration Experience,
ISCTE-Instituto Universitario de Lisboa, 2021.
122
B. Camminga, “LGBTQIþand Nowhere to Go: The Makings of a Refugee Population
Without Refuge”, African
Security, 14(4), 2021, 370–390.
123
M. Girma et al., Detained: Women Asylum Seekers Locked up in the UK, London,
Women for Refugee Women, 2014,
available at:
https://www.refugeewomen.co.uk/wp-content/uploads/2019/01/women-for-refugee-women-reports-detained.
pdf (last visited 21 Apr. 2023).
124
M. Tschalaer, “Victimhood and Femininities in Black Lesbian Asylum Cases in
Germany”, Journal of Ethnic and
Migration Studies, 47(15), 2021, 3531–3548.
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physical toll on LGBTQRAS.
125
Gay refugees are often unable to afford therapy sessions
during their early resettlement, which engenders depression and hopelessness.
126
The re-
quirement to prove one’s sexual orientation and gender identity through
Western-centric
models also acts as a mental health burden.
127
Processes of institutional violence are not just
a matter of bureaucratic entanglements but are also deeply psychological in
nature. Early dis-
closure of traumatic experiences, short timelines for submitting a refugee
claim, and prema-
ture coming-out processes are all ways through which the asylum machine
negatively
impacts the mental health of LGBTQ claimants.
128
The challenges faced by healthcare pro-
viders to attend to their clients further entrench the logics of exclusion
created by the asylum
system.
129
These include navigating the labyrinthine complexities of the claims process,
grap-
pling with their clients’ mental health challenges, establishing a sense of
safety for them, and
facilitating social support.
130
Everyday forms of violence faced by LGBTQRAS “structure their existence”.
131
State-
sanctioned heteronormativity leads to an absence of safe locations for these
individuals
which, combined with intersecting identities defined by, among others, race,
class, and sexual
orientation, lead to their exclusion. For example, Russian-speaking LGBTQRAS
face a range
of institutional, legal, and linguistic barriers in the USA, which have
significant implications
for their well-being.
132
The case of queer refugees and asylum-seekers in Nairobi, Cape
Town, and Paris has revealed multiple versions of state-led violence.
133
As Bhagat argues,
“while organised abandonment forecloses many possibilities of social
reproduction on a sys-
temic level, queer refugees continue to persist and survive (with great
difficulty) in spaces
where they are unwanted”.
134
To achieve so, they depend on NGO support, precarious la-
bour and housing, and short-lived community systems. Therefore, mental health
challenges
often increase post-migration, exacerbating already significant distress.
135
5.2. Dual vulnerabilities: STIs and sex work
A converging theme identified pertains to the challenges faced by LGBTQRAS in
relation to
(STIs and an increased likelihood of engaging in sex work. Even when migrating
to neigh-
bouring countries with similar sexual cultures and health infrastructures,
sexual health
remains a pressing concern for those who have fled their homes due to
persecution based on
their gender identity and/or sexual orientation.
136
The case of Syrian LGBT refugees living
125
K.M. Fobear, Accordion Homes: Lesbian, Gay, Bisexual and Trans (LGBT) Refugees’
Experiences of Home and Belonging in
Canada, Vancouver, University of British Columbia, 2016.
126
A. Karimi, “Limits of Social Capital for Refugee Integration: The Case of Gay
Iranian Male Refugees’ Integration in
Canada”, International Migration, 58(5), 2020, 87–102.
127
N.J. Mule´ & K. Gamble, “Haven or Precarity? The Mental Health of LGBT Asylum
Seekers and Refugees in Canada”,
in N.J. Mule´, N. Nicol, A. Jjuuko, R. Lusimbo, S. Ursel, A. Wahab, et al.
(eds.), Envisioning Global LGBT Human Rights,
London, School of Advanced Study, 2018, 205–220.
128
E.J. Alessi & S.A. Kahn, “A Framework for Clinical Practice with Sexual and
Gender Minority Asylum Seekers”,
Psychology of Sexual Orientation and Gender Diversity, 4(4), 2017, 383–391.
129
S. Kahn et al., “Promoting the Wellbeing of Lesbian, Gay, Bisexual and
Transgender Forced Migrants in Canada:
Providers’ Perspectives”, Culture, Health & Sexuality, 19(10), 2017, 1165–1179.
130
Ibid.
131
A. Bhagat, “Forced (Queer) Migration and Everyday Violence: The Geographies of
Life, Death, and Access in Cape
Town”, Geoforum, 89, 2018, 155–163.
132
T. Oren & A. Gorshkov, “Lived Experiences of Recent Russian-Speaking
LGBTþImmigrants in the United States: An
Interpretive Phenomenological Analysis”, Journal of LGBTQ Issues in Counseling,
15(3), 2021, 290–309.
133
A. Bhagat, “Queer Global Displacement: Social Reproduction, Refugee Survival,
and Organised Abandonment in
Nairobi, Cape Town, and Paris”, Antipode, 2023, 1517–1537.
134
Ibid., 18.
135
J. Golembe et al., “Experiences of Minority Stress and Mental Health Burdens of
Newly Arrived LGBTQ* Refugees in
Germany”, Sexuality Research and Social Policy, 18, 2021, 1049–1059.
136
C. Broqua et al., “Queer Necropolitics of Asylum: Senegalese Refugees Facing HIV
in Mauritania”, Global Public
Health, 16(5), 2021, 746–762.
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with HIV in Turkey highlights these challenges.
137
Despite receiving free healthcare through
Turkey’s Social Security Institution, they encounter obstacles including the
lack of knowl-
edge among medical professionals regarding what they are entitled to access,
ignorance
among refugees regarding their own rights, lengthy administrative procedures,
violence, and
racism. In Spain, the NGO Kifkif has noted how in the period between 2020 and
2021, the
number of HIV cases amongst LGBTQRAS grew by 3 per cent.
138
Research conducted in
Lebanon shows how gay and bisexual male refugees face higher rates of STIs,
contributing to
an increased risk of HIV.
139
The growth of HIV cases, particularly among transgender
women, underscores the urgency for further research and action to address the
health needs
of these populations.
Normative gender approaches that conflict with one’s self-identification,
coupled with the
difficulty of accessing legal employment, often result in engagement in sex
work.
140
This
leads to further exposure to STIs and other forms of harm,
141
and hinders access to accom-
modation if the shelter providers discover this, leaving them in precarious
situations.
142
Interviews with members of the Queer Sex Workers Initiative for Refugees in
Kenya illustrate
the tribulations endured by sex workers.
143
They face challenges when seeking protection
and safety, as they are often met with discrimination, marginalisation, and
violence. For in-
stance, they are often unable to report cases of rape and kidnapping due to the
fear of dis-
crimination by the police. Similar cases are found in Kenya considering the
arbitrary arrests
and police violence faced by LGBTQRAS while doing sex work.
144
Police violence impacting
Ugandan refugees in Kenya have been noted including arrests and frisking aimed
at evaluat-
ing whether individuals are incontinent, which police assumes to reveal
homosexuality.
145
This requires the attention of policymakers and service providers to address the
structural
inequalities that perpetuate these types of harm.
5.3. Tools and solutions
Existing research has proposed a range of tools for healthcare providers to
effectively address
the limitations faced by LGBTQRAS. Drawing attention to the importance of
cultural sensi-
tivity, confidentiality, and recognition of sources of trauma, abuse, and mental
health issues,
scholars suggest emphasising confidentiality and using the patient’s chosen
vocabulary when
discussing gender and sexual diversity.
146
However, official approaches often employ limited
137
P. Ba¨nziger & Z. C¸etin, “Biological Citizenship and Geopolitical Power Play.
Health Rights of Refugees Living with
HIV in Turkey”, Critical Public Health, 31(1), 2021, 43–54.
138
A. Martınez Gutie´rrez & I. Jime´nez-Aybar, Transgender EU Law: A Review of
Spanish, Italian, Belgian and Maltese Trans
Law and its Efficacy, Barcelona, UAB, 2022.
139
I. Maatouk, M. Assi & R. Jaspal, “Sexual Health among HIV-Negative Gay and
Bisexual Men in Lebanon: A
Comparison between Native and Immigrant/Refugee Communities”, Journal of Refugee
Studies, 35(1), 2022, 675–685.
140
B. Camminga, “‘Gender Refugees’ in South Africa: The ‘Common-Sense’ Paradox”,
Africa Spectrum, 53(1), 2018,
89–112.
141
See, for example, L. Misedah et al., “Sexual Health and HIV/STI Risk in Gay
Refugee Men in Nairobi, Kenya: A
Qualitative Study”, Venereology, 1(1), 2022, 9–22; S. Nyanzi, “Homosexuality,
Sex Work, and HIV/AIDS in Displacement and
Post-Conflict Settings: The Case of Refugees in Uganda”, International
Peacekeeping, 20(4), 2013, 450–468; J. Tohme et al.,
“HIV Prevalence and Demographic Determinants of Unprotected Anal Sex and HIV
Testing among Male Refugees who Have
Sex with Men in Beirut, Lebanon”, AIDS and Behavior, 20, 2016, 408–416; T.
Zardiashvili & M. Kasianczuk, Desk Review on
LGBT Migrants and Refugees in CEECA in the Context of HIV, Eurasian Coalition on
Male Health, 2019, available at: https://
ecom.ngo/resource/files/2021/05/desk-review-on-lgbt-migrants-and-refugees-in-ceeca-in-the-context-of-hiv.pdf
(last visited 21
Apr. 2023).
142
Ibid., 211.
143
S. Wijesiriwardena, “Queerness, Sex Work, and Refugee Status in Nairobi: A
Conversation with Queer Sex Workers
Initiative for Refugees”, Anti-trafficking Review, 19, 2022, 134–140.
144
L. Misedah-Robinson et al., “A Multi-Methodological Exploration of Persecution
Experiences and Related Injuries of
Sexually Minoritized Asylum Seekers and Refugees in Nairobi, Kenya”, Sexes,
3(4), 2022, 546–563.
145
G.P. Meiu, “Underlayers of Citizenship: Queer Objects, Intimate Exposures, and
the Rescue Rush in Kenya”, Cultural
Anthropology, 35(4), 2020, 575–601.
146
S.J. Gridley & V. Kothary, Lesbian, Gay, Bisexual, and Transgender Healthcare: A
Clinical Guide to Preventive, Primary,
and Specialist Care, London, Springer, 2016.
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categories that hinder the ability to implement a person-centred approach.
Psychological dis-
tress and traumatic stress have been identified as pervasive among this
population.
147
Moreover, challenges to access mental healthcare have been noted to propose the
implemen-
tation of safehouses, art, and psychotherapy as coping mechanisms. Employing
tools like
questionnaires can foster productive dialogues between clinicians and LGBTQRAS
individuals.
148
In line with the role of charitable interventions noted in Theme 2, research has
highlighted the positive impact of community-based organisations (CBOs) in
providing
healthcare services.
149
Partnerships between CBOs and healthcare institutions can intro-
duce an LGBT-affirming culture into the framework of healthcare facilities and
systems.
150
Social support groups also act as sources to mitigate isolation and strengthen
resilience.
151
A clinical practice framework, consisting of three essential elements, has been
proposed:
the establishment of safety and stability in both treatment and the environment,
the culti-
vation of skills to manage the asylum claims process through therapy, and the
provision of
strategies for coping with the challenges of resettlement.
152
Group therapy also holds im-
mense potential to address complex mental health challenges,
153
resonating with the
broader literature on communal therapy, which has established its efficacy as a
treatment
modality for refugees and asylum-seekers in general.
154
Transformative benefits include
the emergence of collective problem-solving and a sense of community, the
seamless inte-
gration of asylum advocacy and psychotherapy, the preparation of clients for the
inevitable
trauma disclosure inherent in the asylum-seeking process, and the creation of
safe spaces
for clients to share their lived experiences.
155
***
Theme 3 has explored the health issues faced by LGBTQRAS. Pre-migration, they
face sig-
nificant physical and emotional abuse, including harassment, sexual assault, and
violence, of-
ten enforced by state officials. Post-migration, their health might deteriorate
further due to
unstable housing situations, financial challenges, continuous waiting, and the
mental burden
of proving one’s sexual orientation or gender identity. Future research should
consider a
holistic approach to address these health needs. Once again, most research
applies Western-
centric rigid categories to evaluate gender and sexual identities, limiting the
ability to fully un-
derstand the needs of LGBTQRAS from different backgrounds. The
interconnectedness of
physical, mental, and emotional health with other aspects of well-being, such as
economic
stability, social inclusion, and legal recognition must be further interrogated.
The evidence
indicates systemic violence in the COOs and the post-migration environment, but
there is a
147
L. Misedah-Robinson et al., “The Mental Health of Male Sexual Minority Asylum
Seekers and Refugees in Nairobi,
Kenya: A Qualitative Assessment”, Refuge, 38(2), 2022, 1–21.
148
B.M. Wadler, M.R. Maroney & S.G. Horne, “Clinical Work with LGBTQ Asylum
Seekers”, in J.S. Whitman and C.J.
Boyd (eds.), Homework Assignments and Handouts for LGBTQþClients, New York,
Routledge, 2020, 168–175.
149
S. Abboud et al., “‘It’s Mainly the Fear of Getting Hurt’: Experiences of LGBT
Individuals with the Healthcare System
in Lebanon”, Annals of LGBTQ Public and Population Health, 1(3), 2020, 165–185.
150
Ibid.
151
C.H. Logie et al., “‘It’s for us–Newcomers, LGBTQ Persons, and HIV-Positive
Persons. You Feel Free To Be’: A
Qualitative Study Exploring Social Support Group Participation among African and
Caribbean Lesbian, Gay, Bisexual and
Transgender Newcomers and Refugees in Toronto, Canada”, BMC International Health
and Human Rights, 16(1), 2016, 1–10.
152
Alessi & Kahn, “A Framework for Clinical Practice”.
153
R. Reading & L.R. Rubin, “Advocacy and Empowerment: Group Therapy for LGBT
Asylum Seekers”, Traumatology,
17(2), 2011, 86–98.
154
See, for example, B. Drozðek & J.P. Wilson, “Uncovering: Trauma-Focused
Treatment Techniques with Asylum
Seekers”, in B. Drozðek & J.P. Wilson (eds.), Broken Spirits: The Treatment of
Traumatized Asylum Seekers, Refugees, War and
Torture Victims, New York, Brunner-Routledge, 2004, 243–276; S. Tucker & D.
Price, “Finding a Home: Group Psychotherapy
for Traumatized Refugees and Asylum Seekers”, European Journal of Psychotherapy
and Counselling, 9(3), 2007, 277–287.
155
Ibid., 91–94.
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need for more studies studying the long-term health effects of such experiences.
Efforts
should be made to explore how the role of community-based organisations and
support
groups in mitigating the health challenges faced by LGBTQRAS can be scaled up or
inte-
grated into formal healthcare systems. State and institutional policies should
address struc-
tural inequalities faced by this population, particularly considering the case
of those such as
sex workers, who face further discrimination, marginalisation, and violence.
6. THEME 4: CREATIVE EXPRESSION
The fourth theme pertains to investigations into art-based projects,
storytelling, oral histories,
and photovoice methodologies as sites for empowerment, mobilisation, and
advocacy for
LGBTQRAS. These creative methods enable participants to assert themselves and
contest
dominant assumptions. In contrast to the other four identified themes, which
revolve around
specific topics, this theme intertwines methodological interventions with
artistic expressions.
Such an amalgamation could potentially account for its relatively diminished
salience in the
analysed literature.
Storytelling has been used by scholars as a powerful tool to share one’s lived
realities in
positive ways. Using one’s stories to advocate for others can lead to the
emergence of “a
sense of justice”, therefore becoming a powerful tool.
156
LGBTQRAS have noted how story-
telling make them “feel cared for” by the researcher and “contribute to a larger
cause”. This
can challenge power imbalances by situating forced migrant narratives at the
core of one’s re-
search.
157
Engaging LGBTQRAS’ agency through narrative-telling can create spaces to
“complicate dominant approaches to humanitarian intervention”.
158
LGBTQRAS have also
employed written and oral history methods to share their personal narratives.
For example, a
gay Syrian refugee documented his journey before resettling in Canada,
describing the
obstacles he encountered.
159
Storytelling offers a platform for marginalised voices, but we
must examine who is telling these stories, how they are being heard, and the
degree to which
they are empowered or constrained by the structures in which they are shared.
A body of literature within this theme has explored how art-based projects allow
LGBTQRAS to express themselves. For example, a community mural in Canada
provided a
space to convey their thoughts and emotions.
160
In the UK, the project Staying, which in-
volved workshops, monologues, interviews, and images, reflected how state
violence impacts
the everyday lives of lesbian refugees.
161
A zine-making project in South Africa challenged
dominant assumptions about LGBT migrants’ identities and experiences.
162
Zine-making
sessions are helpful to explore narratives complementing the role of one’s
gender identity
and sexual orientation in the migration journey and challenge exclusionary
religious dis-
courses. Marnell et al. discuss the collaborative implementation of three
arts-based projects
with queer migrants, refugees, and asylum-seekers living in South Africa to
reflect on three
156
See, for example, K. Fobear, “‘I Thought We Had No Rights’–Challenges in
Listening, Storytelling, and Representation
of LGBT Refugees”, Studies in Social Justice, 9(1), 2015, 102–117; A.T.
Barrufet, The Unspoken Stories of LGBTQþRefugees:
Healing Personal Trauma and Social Prejudices through Storytelling and Writing,
Grau d’Estudis Anglesos, Universitat de
Barcelona, 2019.
157
A. Saltsman & N. Majidi, “Storytelling in Research with Refugees: On the Promise
and Politics of Audibility and
Visibility in Participatory Research in Contexts of Forced Migration”, Journal
of Refugee Studies, 34(3), 2021, 2522–2538.
158
Ibid., 2536.
159
A.D. Ramadan, “Searching for a Home: One Man’s Story Of Survival in the Syrian
Civil War”, Journal of International
Affairs, 69(2), 2006, 185–190.
160
K. Fobear, “‘This Painting is Nice, but I Wish it were more Political’ Exploring
the Challenges and Dilemmas of
Community Art with LGBT Refugees”, Women’s Studies International Forum, 62(3),
2017, 52–60.
161
R. Lewis, “Deportable Subjects: Lesbians and Political Asylum”, Feminist
Formations, 25(2), 2013, 174–194.
162
J. Marnell, Seeking Sanctuary: Stories of Sexuality, Faith and Migration, New
York, NYU Press, 2021.
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key themes.
163
The first relates to the impact that migration journeys have in the shaping of
gender and sexual identities. The second highlights the bureaucratic practices
that legitimise
queerness and the struggles queer migrants face in navigating them. The last
discusses the
threat of violence rooted in multiple oppressions and exacerbated by the
precarious spaces
they inhabit. By embracing creative expression as a tool of resistance against
legal definitions
that confine LGBTQþsubjects, facilitators produce agentic spaces enabling
participants to
articulate their identities in multifarious ways.
164
This allows for an alternative approach to
navigating the bureaucratic constraints that impede the recognition of diverse
individuals,
fostering a politics of possibility that resists the reductive tendencies of
normative identity
frameworks. However, we should also consider how the power structures within
these spaces
can impact the nature of these creative expressions.
Films, plays, and performance art have been increasingly analysed to explore the
experien-
ces of LGBTQRAS. The profusion of pictures exploring queer migrant lives in
Europe results
from the rising number of queer refugees seeking to cross the borders into the
EU.
165
This
production includes narrative fictions, documentaries of grassroots advocacy,
docu-fiction,
and self-recordings of queer journeys as they take place.
166
Performance art has started to
tackle the incongruity of having to prove one’s sexual orientation in asylum
processes.
167
Plays such as MacDonald’s Eye of a Needle and Campbell’s The Lesbian Wannabe,
which cri-
tique the asylum system’s reliance on normative identity categories, expose how
they are
used administratively to mask the state’s pernicious forms of xenophobia.
168
The film Getting
Out also highlights the normative character of the asylum machine in creating
discourses of
protection and persecution that “are both complicit in rendering LGBTQI
individuals invisi-
ble and illegible”.
169
Film analysis is used to reveal flaws in the asylum system related to the
maintenance of stereotypical assumptions, the forced application of normative
Western cate-
gories of sexualities to individuals from different cultural backgrounds, and
conflicting ideas
regarding public and private displays of sexuality supporting discretion as a
solution to perse-
cution.
170
While this has helped to spotlight the lives of queer refugees and the
challenges
they face, future research should also interrogate how these media reproduce or
challenge
prevailing stereotypes, narratives, and power structures.
***
Although less prominent in the analysed literature, Theme 4 has highlighted the
potential of
art-based projects, storytelling, oral histories, and photovoice methodologies
as empowering
platforms for LGBTQRAS. They offer a means to contest dominant narratives
enabling
them to share their realities. Films, plays, and performance arts also offer
insights into the
experiences of LGBTQRAS and critique the asylum system’s normativity. The impact
of
existing legislation, support networks, and health frameworks underline the need
to consider
the lived realities of LGBTQRAS when formulating interventions. Considering
this, this
theme has offered an innovative dimension with its focus on art-based projects
and
163
J. Marnell et al., “‘It’s about Being Safe and Free to be Who You Are’:
Exploring the Lived Experiences of Queer
Migrants, Refugees and Asylum Seekers in South Africa”, Sexualities, 24(1–2),
2021, 86–110.
164
C. Mahn et al., “Negotiating Space for Queer-Identifying Young People in a
Refugee Organization: Viability,
Complexities and Tensions”, Journal of Refugee Studies, 34(2), 2021, 1477–1493.
165
J.S. Williams, “Queering the Migrant: Being Beyond Borders”, in J.S. Williams
(ed.), Queering the Migrant in
Contemporary European Cinema, London, Routledge, 2020, 3–29.
166
Ibid., 4.
167
R. Lewis, “And Suddenly I Became a Lesbian!”, in B. M. Haas & A. Shuman (eds.),
Technologies of Suspicion and the
Ethics of Obligation in Political Asylum, Ohio, Ohio University Press, 2019,
225–244.
168
Ibid., 229.
169
A. Shuman & W.S. Hesford, “Getting Out: Political Asylum, Sexual Minorities, and
Privileged Visibility”, Sexualities,
17(8), 2014, 1016–1034.
170
Ibid., 1028.
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methodologies, which not only serve as therapeutic outlets but also powerful
platforms for
advocacy and awareness. It subtly intersects with the other themes, as art can
be a channel to
capture and communicate the complexities of migration, integration processes,
legal strug-
gles, health issues, and the amalgamation of religious and sexual identities.
Future research should examine the narrative control in storytelling, who is
sharing these
stories, how they are received, and how societal structures may sanction or
constrain them.
The role of digital technologies in facilitating such expressions and narratives
should also be
explored, given their increasing influence post-COVID. From a policy
perspective, these
creative methods must be fostered as legitimate forms of expression and
advocacy.
Policymakers should support spaces for these narratives to thrive, ensuring they
are inclusive
and non-hierarchical.
7. THEME 5: RELIGION, FAITH, AND SPIRITUALITY
Despite the prevailing narrative that religions are inherently oppressive to
diverse genders
and sexualities, a small body of literature has challenged this exploring the
experiences of
LGBTQRAS who express a religious identity or find solace in their faith and/or
spirituality.
Literature within this theme has described the common assumption among asylum
officials
that being religious and LGBTQ is incompatible. This overlooks variations and
evolutions in
religious doctrine and practice, and suggests the need for further inquiry into
religious diver-
sity. Religious LGBTQRAS are often construed as being bound to traditional and
irrational
beliefs, leading to processes of mistrust in their claims for asylum, as
scholars have noted
across contexts such as Italy,
171
Germany,
172
Holland,
173
Turkey,
174
and the UK.
175
Queer
asylum-seekers who self-identify as Muslims often have their claims rejected as
implausible
and “decision-makers have regularly dismissed the credibility of such
applicants”.
176
While
exploring this, the prominent role of religion for queer Muslim asylum-seekers
has been
noted to explain how leaving their home behind intensifies their religious
identities, which
was previously obscured by the religious homophobia prevalent in their COOs.
177
LGBTQRAS “continue to draw strength from faith, even when excluded from formal
reli-
gious spaces”.
178
Considering this context, sociologists of religion and migration have
emphasised how the relationship with religion developed by LGBTQRAS should be
analysed
vis-a`-vis the psychosocial devices they develop to cope with the
macro-sociological changes
they undergo.
179
Immigration tribunals expose LGBTQRAS to “hetero- and homonormative
understandings of sexual difference” being therefore presented as impossible
subjects and
leading them to believe that the disclosure of a religious identity might
negatively impact
171
M. Prearo, “The Moral Politics of LGBTI Asylum: How the State Deals with the
SOGI Framework”, Journal of Refugee
Studies, 34(2), 2021, 1454–1476.
172
M. Dustin & N. Held, “‘They Sent Me to the Mountain’: The Role of Space, Faith
and Support Groups for LGBTIQþ
Asylum Claimants”, in R. Mole (ed.), Queer Migration and Asylum in Europe,
London, UCL Press, 2021, 184–215.
173
S.F. Brennan, Shifting Selves: Queer Muslim Asylum Seekers in the Netherlands,
New York, Columbia University, 2020.
174
E. Yildiz, “Migrant Sexualities, Queer Travelers: Iranian Bears and the Asylum
of Translation in Turkey”, Differences,
33(1), 2022, 119–147.
175
A. Greatrick, “LGBTQþAsylum and Transformative Accommodations between Religion,
Faith and Sexuality in the
UK”, Ethnic and Racial Studies, 46(9), 2023, 1919–1939.
176
E. Fiddian-Qasmiyeh, “The Faith-Gender-Asylum Nexus: An Intersectionalist
Analysis of Representations of the
‘Refugee Crisis’”, in L. Mavelli & E.K. Wilson (eds.), The Refugee Crisis and
Religion, London, Rowman & Littlefield, 2017,
207–222.
177
Ibid.
178
Marnell, Seeking Sanctuary,3.
179
R. Raijman & A. Kemp, “Consuming the Holy Spirit in the Holy Land: Evangelical
Churches, Labor Migrants and
the Jewish State”, in K. Applbaum & Y.S. Carmeli (eds.), Consumption and Market
Society in Israel, London, Routledge, 2020,
163–183.
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their asylum claims.
180
More work is needed to expose and challenge these entrenched
biases, perhaps by highlighting examples of inclusive religious interpretations
and practices
that accommodate diverse sexual identities.
A sub-theme identified relates to the role of NGOs in supporting their clients
to explain
how being queer and religious can overlap in positive ways. NGO workers have
helped cli-
ents to “verbalise why it can be reconciled” against the usage of religion by
the UK’s Home
Office “to shake them [claimants] up”.
181
In fact, the UK’s Home Office has required claim-
ants to demonstrate their renunciation or internal struggle with their faith.
182
Failure to do
so has repeatedly resulted in the rejection of asylum applications. Multiple
refusal letters
have noted inconsistencies among asylum claimants who identify as both LGBTQ and
reli-
gious, which officials presume to be incompatible.
183
This makes it especially complicated for
these individuals “to secure international protection due to the expectation
that they either
reject their religion to be truly LGBTIQþor refrain from being LGBTIQþto be
truly reli-
gious”.
184
These secularist approaches are also found in the work of queer organisations
that
conform to frameworks presenting faith as a negative force against the
articulation of one’s
non-normative sexual orientation.
185
This raises important questions about the role of policy
in reinforcing harmful dichotomies, suggesting a need for alternative approaches
that validate
the lived experiences of LGBTQRAS.
Another sub-theme explores the various ways in which religious communities
provide vital
support and resources for LGBTQ refugees. Research has noted how the
intersections of re-
ligion, sexuality, and migration shape the experiences of LGBTQRAS through the
case of
San Francisco’s Metropolitan Community Church (MCC).
186
By foregrounding the notion
that “all people are equally deserving of God’s love and that all people share
inalienable hu-
man rights”,
187
MCC provides both a space for worship and spiritual reflection and a net-
work of social support and ideological resources for queer migrants who
subscribe to
religious values. In fact, MCC was founded in the 1960s with a vision to provide
a haven for
those who are socially marginalised, and as such, it transcends the perception
of being solely
a “gay church”. The American Presbyterian Church has also provided “safety,
sanctuary, and
support to LGBT refugees and asylum seekers”.
188
In Nairobi, a high number of Ugandan
LGBT refugees attend the LGBT-friendly church Fellowship of Affirming
Ministries.
189
Through progressive theology, this church works with refugees, people living
with HIV, and
other marginalised groups, aiming to build a pan-African LGBT-affirming
movement. In
Kenya, religious values are also used by NGOs to encourage individuals to help
LGBTQ ref-
ugees by promoting equality and engaging faith leaders in discussions.
190
These “faith allies
have been instrumental in protecting the LGBTI refugee community in Nairobi, for
example
180
C. Giametta, “‘Rescued’ Subjects: The Question of Religiosity for
Non-Heteronormative Asylum Seekers in the UK”,
Sexualities, 17(5–6), 2014, 583–599.
181
Danisi et al. (eds.), Queering Asylum in Europe.
182
See, for example, Dustin & Held, “They Sent me to the Mountain”; D. Garcia
Rodriguez, “Many People Think it’s
Impossible to be LGBTQþand Religious – this ‘Homosecularism’ is Dangerous for
Asylum Seekers”, The Conversation, 2023.
183
Danisi et al. (eds.), Queering Asylum in Europe.
184
Ibid., 81.
185
A. Greatrick, “‘Coaching’ Queer: Hospitality and the Categorical Imperative of
LGBTQ Asylum Seeking in Lebanon
and Turkey”, Migration and Society, 2(1), 2019, 98–106.
186
C. Howe, “Sexual Borderlands: Lesbian and Gay Migration, Human Rights, and the
Metropolitan Community
Church”, Sexuality Research & Social Policy, 4(2), 2007, 88–106.
187
Ibid., 101.
188
M.M. Ginicola et al., “The Role of Religion and Spirituality in Counseling the
LGBTQIþClient”, in M.M. Ginicola, C.
Smith & J.M. Filmore (eds.), Affirmative Counseling with LGBTQIþPeople,
Alexandria, American Counseling Association
Press, 2017, 297–312.
189
A. Van Klinken, “Culture Wars, Race, and Sexuality: A Nascent Pan-African
LGBT-Affirming Christian Movement and
the Future of Christianity”, Journal of Africana Religions, 5(2), 2017, 217–238.
190
E. Stoddard & K. Marshall, Refugees in Kenya: Roles of Faith, Berkley Center For
Religion, Peace & World Affairs,
Washington D.C., Georgetown University, 2015.
Refugee Survey Quarterly 539
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by informing organizations of impending attacks or police raids”.
191
Despite these positive
examples, it is also crucial to simultaneously address how religious communities
can some-
times reinforce exclusionary practices to develop interventions that promote
inclusion and
acceptance.
A final sub-theme examines the intersections between mental health, gender,
sexuality,
and religion. This is a very limited one, which explains the brevity of this
sub-section and
highlights the lack of focus on mental health in discussions of religion and
sexuality. This
underscores both the need for more research into the topic and the current
shortage of com-
prehensive, culturally sensitive mental health services for LGBTQRAS navigating
religious
identities. The case study of a gay Muslim Somali refugee has been explored to
develop a
practical tool for clinicians aimed at improving the care provided to this
population.
192
The
significance of religious and spiritual communities is noted as a source of
well-being.
193
Another study highlights Nairobi’s MCC as an affirming safe space for MSM
refugees and
asylum-seekers, where they feel connected to their community and practise their
faith in
ways that positively impact their mental health.
194
***
This final theme, which has delved into religion, faith, and spirituality,
underscores a shift in
literature from oppressive narratives to a more nuanced understanding of these
dynamics.
Areas for future research encompass how LGBTQRAS negotiate their religious,
gender, and
sexual identities, especially when asylum procedures perpetuate preconceived
notions that
view these as discordant. Scholars could engage with decision-makers to grasp
the founda-
tional beliefs of their current normative approaches and produce recommendations
for policy
improvements. Additionally, the contribution of faith and spirituality to the
well-being of
LBTQRAS requires further exploration. Policies should respect and validate these
overlap-
ping identities and ensure culturally sensitive mental health services for
religious
LGBTQRAS. Interventions should also be developed to promote inclusion and
acceptance
within conservative religious communities.
8. CONCLUSION
This review of literature on the experiences of LGBTQRAS has identified five key
themes
and revealed gaps that warrant further investigation. This indicates the need
for a more nu-
anced understanding of the transit and integration experiences of LGBTQRAS.
Traditional
research models that bifurcate experiences into pre- and post-migration stages
fail to capture
their complexity. Furthermore, this article has revealed the everyday impact of
legislation,
policy, and charitable intervention in the lives of LGBTQRAS. The power these
institutions
hold underscores the urgency of challenging normative legal biases and
Western-centric
gender and sexual identity frameworks that both restrict the perception of the
credibility of
asylum claims and limit one’s own sense of identity. This review has also
emphasised the
multi-layered health challenges faced by LGBTQRAS. This requires an
intersectional ap-
proach that recognises the interconnections between physical and mental health
with factors
such as, among others, economic stability, social inclusion, and legal
recognition. The poten-
tial of art-based projects as empowering platforms for LGBTQRAS emerges as a
significant
theme to contest their biased representations while facilitating
self-expression. Lastly, this
191
Ibid., 30.
192
Wadler et al., “Clinical Work with LGBTQ Asylum Seekers”.
193
Ibid., 172.
194
Misedah et al., “Sexual Health and HIV/STI Risk”.
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review has exposed the need to reevaluate simplistic depictions of religion,
faith, and spiritu-
ality. It is essential to challenge presumptions of inherent oppression and
instead explore the
fluid negotiation of religious, gender, and sexual identities.
Across all themes, there is a recurrent critique of Western-centric identity
categories and
norms that inadequately represent the experiences of LGBTQRAS. Themes 1, 2, and
5 inter-
link in their discussion on the harmful assumptions made by legal and societal
structures.
While Theme 2 critiques the legal reinforcement of normative identities, Theme 5
challenges
the assumption that LGBTQ and religious identities are inherently incompatible.
This ten-
dency to oversimplify experiences through policies can be re-traumatising and
marginalising
and points to the need for genuine representation. As scholars before me have
proposed,
there is an urgent need to include demographic questions about sexual
orientation, gender
identity, and sex assigned at birth within asylum application processes,
allowing claimants to
change their self-identification without facing negative repercussions.
195
Throughout the existing literature, terms like “vulnerability” and “vulnerable”
are fre-
quently used to describe the experiences of LGBTQRAS, which may inadvertently
perpetu-
ate stereotypes about this population as powerless and devoid of agency.
Previous studies
have examined the concept of “vulnerability” vis-a`-vis the case of
asylum-seekers. From facing
social isolation to experiencing a state of liminality, to confronting
oppressive governmental
systems, manifestations of vulnerability among this population have been
described as diverse
and cumulative. However, it is crucial to approach “vulnerability” with nuance,
ensuring we
do not inadvertently strip asylum-seekers of their agency. In light of this, we
should critically
evaluate the language we employ in future studies, acknowledging the capacity of
refugees
and asylum-seekers for self-determination.
In conclusion, this literature review does not just shed light on the existing
scholarship
and knowledge gaps but reinforces the urgent need for innovative legislative
reforms and pol-
icy interventions that recognise and protect the human rights of refugees and
asylum-seekers.
As future research and policy progress in this field, these insights will be
invaluable. Central
to this should be the voices and experiences of LGBTQRAS. This review,
therefore, stands
as a foundational reference, offering a road map for researchers and
policymakers working
with LGBTQRAS.
195
A. Shaw & N. Verghese, LGBTQIþRefugees and Asylum Seekers: A Review of Research
and Data Needs, 31, Los Angeles,
UCLA Williams Institute, 2022.
Refugee Survey Quarterly 541
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Drawing upon academic sources and policy reports of nongovernmental
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Missiles and Misfits: Reimagining Home and Security for Queer Internally
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 * David Onen
 * Philipp Schulz
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In recent years, scholarship and policy reports have slowly attended to the
lived realities of forced migrants with diverse sexual orientations, gender
identities and expressions, and sex characteristics (SOGIESC). However, these
emerging discourses are typically characterized by a violation-centric view that
focuses on queer migrants’ vulnerabilities and experiences of victimization.
Yet, what remains strikingly absent from existing research and advocacy
engagement is how refugees with diverse SOGIESC across different settings also
actively seek out services and build support networks; how they engage with
their experiences on their own terms; how they resist violence; or in other
words, how they exercise various forms of agency. In this field reflection, we
emphasize the importance to recognize how and under what conditions forced
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 * Diego Garcia Rodriguez
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Identities and the Canadian Immigration Apparatus
Article
Full-text available
 * Apr 2021

 * Sean Dempsey

The ongoing global refugee crisis has been, and continues to be, one of the most
pressing humanitarian issues facing the world today. The global trends of
destabilization, conflict, and persecution that have been fueling this crisis
show no signs of stopping. Clearly, the issues that must be considered are too
numerous to cover exhaustively in a single paper. Refugee and migration studies
is a vast and complex topic with many specializations and subfields. Thus, for
the sake of feasibility and actually generating meaningful information, it seems
necessary to focus specifically on both a category of asylum seekers and a
country to which they are applying. By doing so, the goal of this paper will be
to participate in a more nuanced, and therefore more personal, exploration of a
specific set of issues within a specific refugee intake apparatus that may then
potentially be used to explore how current immigration systems may be improved.
Therefore, this paper shall focus specifically on the experience of SOGI (Sexual
Orientation and Gender Identity) asylum seekers, perhaps more commonly known
outside of legal documents as LGBTQ+, as they navigate the Canadian refugee
intake apparatus.
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 * ANTIPODE

 * Ali Bhagat

Queer refugees are misfits in the global political economy of migration. While
international human rights law has provided some room for queer acceptance,
queer refugees face organised abandonment—marginality, erasure, and
invisibility—as they attempt to survive in the face of ongoing displacement.
This paper explores queer refugee survival in Nairobi, Cape Town, and Paris, and
examines the netted practices of the state, non‐state actors, and civil society
embedded in a landscape of heteronormativity and anti‐migrant sentiment. In so
doing, this paper emphasises queerness as a form of precarity inseparable from
the overarching violence of race, class, and capital. With this critique in
mind, queer refugee survival is constrained by the lack of access to shelter,
community, and work‐related social reproduction. In short, queer refugees face
deeper marginality than their cis‐gendered and heterosexual counterparts as they
attempt to survive in the city.
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Queerness, Sex Work, and Refugee Status in Nairobi: A conversation with Queer
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 * Sep 2022

 * Subha Wijesiriwardena

In this interview, the author speaks with Queer Sex Workers Initiative for
Refugees: a Nairobi-based grassroots service-provision and advocacy group formed
by queer refugees in Kenya who are engaged in sex work. The interview explores
the question of how queer identity experiences interact with the policing of
borders, labour issues, and refugee status. It teases out the ramifications of
the compounding factors of migration and criminalisation of sex work and gender
diversity, across borders, to show how these produce discrimination, loss of
livelihood, and vulnerability to violence.
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A Multi-Methodological Exploration of Persecution Experiences and Related
Injuries of Sexually Minoritized Asylum Seekers and Refugees in Nairobi, Kenya
Article
Full-text available
 * Nov 2022

 * Lourence Misedah-Robinson
 * Vanessa Schick
 * Sheryl McCurdy
 * Michael Ross

Introduction: Sexually minoritized men in the East, Horn, and Central Africa
continue to flee from their countries, because of actual or feared persecution,
to neighboring Kenya to seek protection and safety. However, there is limited
research on their experiences and needs. Therefore, this study aimed to describe
the persecution experiences of gay and bisexual asylum seekers and refugees in
the Nairobi Metropolitan Area. Methods: We adapted McAdam’s Life-Story Interview
(LSI) to develop a semi-structured interview guide. We used the interview guide
to conduct one-time anonymous in-depth interviews with 19 gay and bisexual men
recruited by purposive sampling. The study also included a photovoice component
and written reflections. We transcribed the interviews verbatim, uploaded them
to NVivo 12 plus, and analyzed the data using Braun and Clarke’s six-step
thematic analysis framework. Results: The mean age of the participants was 26,
with the largest age group being 18–24 (n = 9, 47%). We found six major themes:
(1) The Anti-Homosexuality Act, (2) death punishment, (3) physical abuse, (4)
sexual violence, (5) discrimination, and (6) injuries. Conclusions: Continued
multi-layered discrimination across borders may have adverse physical health
outcomes for gay and bisexual asylum seekers and refugees in the Nairobi
Metropolitan Area. Further collaborative strategies may help to understand and
develop culturally sensitive interventions to improve their health and
well-being.
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The Mental Health of Male Sexual Minority Asylum Seekers and Refugees in
Nairobi, Kenya: A Aualitative Assessment
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Full-text available
 * Oct 2022

 * Lourence Misedah-Robinson
 * Vanessa Schick
 * Michael Ross
 * Solomon Wambua

Very little information exists about the experiences of asylum seekers and
refugees who are men who have sex with men (MSM). Therefore, this study explores
the psychological distress of MSM asylum seekers and refugees in the Nairobi
metropolitan area. We collected data using in-depth interviews transcribed
verbatim, coded using NVivo 12 Plus, and analyzed using the six-step thematic
analysis framework. Four major themes emerged from the study: psychological
distress, traumatic stress symptoms, mental health care access, and coping
strategies. Although we did not use any diagnoses, the results indicate that MSM
asylum seekers and refugees share mental health problems with other refugees.
However, MSM have specific needs that derive from their persecution based on
their sexual minority status. The results confirm extant findings, as seen in
the discussion, and encourage more research. Further research will inform
collaborative, culturally sensitive, and targeted interventions that decrease
adverse mental health outcomes for MSM asylum seekers and refugees in the
Nairobi metropolitan area.
View
Show abstract
LGBTQ+ asylum and transformative accommodations between religion, faith and
sexuality in the UK
Article
Full-text available
 * May 2022

 * Aydan Greatrick

The right to asylum on grounds of sexuality and/or gender-based persecution is
frequently seen as synonymous with the right to “exit” one’s oppressive
religious community. This article aims to critique this assumption through a
focus on LGBTQ+ asylum claimants, refugees and support providers everyday
negotiations with and between faith, religion, sexuality and gender identity in
the UK. Drawing on critical scholarship on religion, gender, sexuality,
difference, and asylum, as well as empirical research with asylum claimants and
secular and religious support organizations in the UK, this article shows how
LGBTQ+ refugees and asylum claimants respond to experiences of marginalization
through processes of “transformative accommodation” between faith traditions and
liberal LGBTQ+ rights. Such accommodations highlight the instability of
assumptions that view LGBTQ+ rights in conflict with faith and religious belief,
in turn contesting the basis on which racialized, secular and gendered
differences that pervade contexts of LGBTQ+ asylum are maintained.
View
Show abstract
Sexual Health and HIV/STI Risk in Gay Refugee Men in Nairobi, Kenya: A
Qualitative Study
Article
Full-text available
 * Dec 2021

 * Lourence Misedah
 * Michael Ross
 * Solomon Wambua
 * Vanessa Schick

Refugees are often without financial support and some resort to survival sex.
Some of these men are gay or bisexual who fled their countries because of actual
or fear of death and other persecution, exacerbated by the criminalization of
consensual same-sex practices by life imprisonment or death in extreme cases. We
conducted qualitative interviews with 12 gay and bisexual men within a larger
sample in Nairobi, Kenya, who engaged in survival sex. Thematic analysis
indicated eight main themes: Physical dangers, sexual assault, lack of rights
and recourse to justice; Emotional difficulties of sex work; Seeing treatable
STIs as “normal”, but others like Hepatitis B and C as abnormal, and HIV as the
most feared; Recognition of penile symptoms but concerns about sexual health
including anal symptoms, such as fistulas and bleeding; good knowledge about HIV
but confusions over PEP and PrEP, self-testing, health access to NGO clinics and
some hospital clinics but concerns about stigma and discrimination in public
clinics generally; and as a result of concerns about public healthcare settings,
use of pharmacies for treatment. The data indicate that male refugees from gay
repression, as found for refugees from other repressions, face many of the same
issues with local variations.
View
Show abstract
Migrant Sexualities, Queer Travelers: Iranian Bears and the Asylum of
Translation in Turkey
Article
 * May 2022

 * Emrah Yildiz

Since the early 2000s, an increasing number of lgbt+ and queer Iranians have
sought asylum through the office of the United Nations High Commissioner for
Refugees in Turkey. As recent queer and feminist scholarship has demonstrated, a
“gay enough” litmus test often determines whether asylum seekers will be
recognized as having a credible fear of persecution. To unhcr officers
conducting asylum interviews, a claimant’s gender nonconformity functions as a
proxy for credibility. Self-identified bears, with their masculine gender
expression, cannot pass this litmus test and thus are expected to confess an
indifference to religion, or areligiosity. Arguing that expectations of gender
nonconformity and areligiosity make the application process an asylum of
translation for self-identified bear claimants from Iran, this article examines
the discursive labyrinth asylum seekers must navigate to become legible and
advances a novel conception of the twinned process of confession and
translocation that asylum-seeking has become in countries of transit like
Turkey.
View
Show abstract
Debunking the liberation narrative: Rethinking queer migration and asylum to
France
Chapter
 * Jun 2022

 * Florent Chossière

View
Transgender Ukrainians facing “exacerbated” challenges
Article
 * Apr 2022
 * LANCET

 * Ed Holt

View
Show more




RECOMMENDED PUBLICATIONS

Discover more about: Refugees
Article
Full-text available


IMAGINARIES ABOUT BRAZIL IN THE MEDIA CONSUMPTION OF LGBTIQ+ IMMIGRANTS AND
REFUGEES IN THE CITY OF...

January 2021 · International Journal of Communication
 * Hadriel Theodoro
 * Denise Cogo

This study analyzes the (de)construction of imaginaries about Brazil by LGBTIQ+
immigrants and refugees, and begins by examining their media consumption. The
methodology uses a group of theoretical reflections on the relationship among
the imaginary, media, and migration, as well as semistructured interviews with
10 LGBTIQ+ immigrants and refugees living in the city of São Paulo. The results
of ... [Show full abstract] the analysis show the plurality of uses and
appropriations encompassed in their media consumption and the contrasts between
the imaginaries about Brazil and the reality they experience in the country.
Migration is a highly complex social movement and should be understood as a
historical experience. This allows understanding of its subjective dimensions,
preventing it from being reduced to a "natural" process automatically determined
by economic reasons or demographics. Efforts must be directed, therefore, toward
the unique characteristics of migrant subjects, as well as the social, cultural,
and political factors involved in their movements. Another important dimension
that should not be ignored is that of the imaginary, although it is not
considered as an opposition to the real. Boia (1998) synthesizes this concept by
affirming that the imaginary mingles and often conflicts with external reality,
but at its essence establishes an independent reality with its own structures
and operating dynamics. In the context of human displacement, the imaginary
directly or indirectly impacts any migratory project. We can think about the
imaginary related to origins and destinations, nation-states, or cultural
differences. These principles are essential for understanding the specificities
in the migration of LGBTIQ+ subjects (lesbian, gay, bisexual, transvestite,
transsexual, transgender, intersex, queer, and other sexual or gender
minorities). The framework established by hegemonic heterosexual and cisgender
norms affects their migration experiences at different levels. In more than 70
countries, for example, affective-sexual relationships among people of the same
gender are criminalized and may even result in a death penalty (as Hadriel
Theodoro:
View full-text
Article


SEX, GENDER, AND SEXUALITY IN SPORT: QUEER INQUIRIES: EDITED BY VIKKI KRANE,
LONDON, ROUTLEDGE, 2018...

January 2020 · Sport Education and Society
 * Hannah Linsell

There has been a growing recognition of diverse sex, gender and sexual
identities within sport and the visibility of lesbian, gay, bisexual,
transgender, intersex and queer (LGBTIQ) people in sport is greater than ever
before. Whilst positive stories about LGBTIQ athletes have emerged within the
media, bigotry and marginalisation persist. This book offers an insightful read
for those looking to ... [Show full abstract] gain an in-depth understanding of
the controversies around sex, gender and sexual identities, within both
grassroots and elite sport contexts. The book covers a broad spectrum of topics
including the participation of transgender young people, sex control in women’s
sport and debates around fair play in relation to sex-integrated sport. Krane
and colleagues critically assess how society ‘dictates’ sex, constructs gender
and shapes sexuality within sport, exposing areas where further research is
needed. Chapters are framed by a cultural studies perspective, with authors
applying critical lenses in order to understand the creating, sustaining,
challenging and transforming of cultural norms within and surrounding sporting
contexts. The authors integrate an intersectional approach into their
examination of the climate for LGBTIQ people in sport, as well as their
experiences within this context. They recognise the influence of various axes of
oppression and how they intersect, resulting in differential subjugation and
privilege. In this way, the authors highlight the presence of different power
relations, as well as the influence of factors such as race, ethnicity and
class. Through utilising such frameworks, they provide a strong social critique
of sport for LGBTIQ sportspeople, ultimately arguing for greater inclusion and
support for diverse people within sporting contexts.
Read more
Article
Full-text available


LESBIAN, GAY , BISEXUAL DAN TRANSGENDER PENYEMBUHAN DAN UPAYAMEMBENTUK
KEPRIBADIANISLAMI DI ERA GENE...

January 2018
 * Ahmad Andry Budianto

This article basically discusses how to form a millennial generation of Islamic
personality whose main focus is to cure adolescents infected with lesbian, gay,
bisexual and transgender (LGBT) viruses.the rapid development of technology and
the ease of accessing the internet have become the entrances to the millennial
LGBT virus, so as to cure teenagers infected by LGBT virus, one of the is ...
[Show full abstract] Islamic psychotherapy which uses sufism or tasawwuf
approaches including takhalli, tahalli and tajalli. Islamic psychotherapy can
cure several diseases, namely mental, spiritual and moral disorders, even
delivering humans to Islamic personalities who are pious, clean, holy and find
the existence of an essential god. Abstrak Artikel ini pada intinya
menjelaskancara membentuk kepribadian Islam generasi millennial yang fokus utama
adalah menyembuhkan remaja yang terjangkit virus lesbian, gay, bisexsual dan
transgender (LGBT). pesatnya perkembangan teknelogi dan mudahnya mengakses
internet menjadi salah satu pintu masuk virus LGBT kepada generasi millennial,
sehingga untuk menyembuhkan remaja yang terkena virus LGBT salahsatunya dengan
psikoterapi Islam yang didalamya menggunakan pendekatan sufisme atau tasawwuf
diantaranya takhalli, tahalli dan tajalli. Psikoterapi Islamdapat menyembuhkan
beberapa penyakit yakni gangguan mental, spiritual dan moral, bahkan
mengantarkan manusia kepada kepribadian Islamyang shaleh, bersih, suci dan
menemukan eksistensi tuhan yang hakiki.
View full-text
Article


A QUEER CIRCLE OF FRIENDS, INDEED! THE SCHOOL SOCIAL AS INTERVENTION OR AS
MOVEMENT

January 2011 · International Journal of Inclusive Education
 * S. Anthony Thompson

The purpose of this paper to present two approaches intended to support the
social lives of those typically on the borders of school life. Circles of
friends (CoFs) was designed to assist students labelled with disabilities, while
Gay‐straight alliances (GSAs) addresses needs of supporting students who
identify as lesbian, gay, bisexual, transgender, two‐spirited
(gay/lesbian/bisexual First ... [Show full abstract] Nations people), queer
and/or those questioning their sexual identity (LGBTTQQ). In laying out these
approaches side by side, I argue that CoFs constitute a dis/abling pedagogy
breed acquiescence, further pathologise students and create essentialised
identification for all students. GSAs, in contrast, are constitutive of a queer
pedagogy and promote active, agentive, healthy more complex identities. In
short, CoFs are critiqued through GSAs and implications for inclusive schooling
are explored.
Read more
Last Updated: 22 Oct 2024
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