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YOUR PRIVACY CHOICES We and our partners store and access non-sensitive information from your device, like cookies, and process personal data, like IP addresses and unique identifiers to personalize content and ads, measure performance, and analyze audiences. By clicking Accept, you consent to this data collection and processing by us and our 200 partners. You can select Reject to continue with only strictly necessary cookies or Customize to manage your preferences. Some processing of your personal data may not require your consent, but you have a right to object to such processing. You can withdraw your consent at any time from the consent preferences link in the footer of any ResearchGate page. For more information, see our Privacy Policy. We and our partners process data for the following purposesPersonalised advertising and content, advertising and content measurement, audience research and services development , Precise geolocation data, and identification through device scanning, Store and/or access information on a device CustomizeRejectAccept * Home * International Law * Law * Refugees ArticlePDF Available 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 Download full-text PDFRead full-text Download full-text PDF Read full-text Download citation Copy link Link copied -------------------------------------------------------------------------------- Read full-text Download citation Copy link Link copied Citations (7) References (68) 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. Discover the world's research * 25+ million members * 160+ million publication pages * 2.3+ billion citations Join for free Public Full-text 1 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 Garcıa Rodrıguez * 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 Downloaded from https://academic.oup.com/rsq/article/42/4/518/7319203 by guest on 08 December 2023 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 98 520 Diego Garcia Rodriguez jLGBTQ Refugees and Asylum-Seekers Downloaded from https://academic.oup.com/rsq/article/42/4/518/7319203 by guest on 08 December 2023 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. Baklacıoglu (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”, Penınsula, 12(2), 2017, 69–94. Refugee Survey Quarterly 521 Downloaded from https://academic.oup.com/rsq/article/42/4/518/7319203 by guest on 08 December 2023 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. 522 Diego Garcia Rodriguez jLGBTQ Refugees and Asylum-Seekers Downloaded from https://academic.oup.com/rsq/article/42/4/518/7319203 by guest on 08 December 2023 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. Refugee Survey Quarterly 523 Downloaded from https://academic.oup.com/rsq/article/42/4/518/7319203 by guest on 08 December 2023 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”. 524 Diego Garcia Rodriguez jLGBTQ Refugees and Asylum-Seekers Downloaded from https://academic.oup.com/rsq/article/42/4/518/7319203 by guest on 08 December 2023 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. Refugee Survey Quarterly 525 Downloaded from https://academic.oup.com/rsq/article/42/4/518/7319203 by guest on 08 December 2023 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. 526 Diego Garcia Rodriguez jLGBTQ Refugees and Asylum-Seekers Downloaded from https://academic.oup.com/rsq/article/42/4/518/7319203 by guest on 08 December 2023 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 Downloaded from https://academic.oup.com/rsq/article/42/4/518/7319203 by guest on 08 December 2023 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. 528 Diego Garcia Rodriguez jLGBTQ Refugees and Asylum-Seekers Downloaded from https://academic.oup.com/rsq/article/42/4/518/7319203 by guest on 08 December 2023 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. Refugee Survey Quarterly 529 Downloaded from https://academic.oup.com/rsq/article/42/4/518/7319203 by guest on 08 December 2023 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. 530 Diego Garcia Rodriguez jLGBTQ Refugees and Asylum-Seekers Downloaded from https://academic.oup.com/rsq/article/42/4/518/7319203 by guest on 08 December 2023 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. Refugee Survey Quarterly 531 Downloaded from https://academic.oup.com/rsq/article/42/4/518/7319203 by guest on 08 December 2023 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. 532 Diego Garcia Rodriguez jLGBTQ Refugees and Asylum-Seekers Downloaded from https://academic.oup.com/rsq/article/42/4/518/7319203 by guest on 08 December 2023 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. Refugee Survey Quarterly 533 Downloaded from https://academic.oup.com/rsq/article/42/4/518/7319203 by guest on 08 December 2023 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. Martınez 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. 534 Diego Garcia Rodriguez jLGBTQ Refugees and Asylum-Seekers Downloaded from https://academic.oup.com/rsq/article/42/4/518/7319203 by guest on 08 December 2023 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. Drozðek & J.P. Wilson, “Uncovering: Trauma-Focused Treatment Techniques with Asylum Seekers”, in B. Drozðek & 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. Refugee Survey Quarterly 535 Downloaded from https://academic.oup.com/rsq/article/42/4/518/7319203 by guest on 08 December 2023 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. 536 Diego Garcia Rodriguez jLGBTQ Refugees and Asylum-Seekers Downloaded from https://academic.oup.com/rsq/article/42/4/518/7319203 by guest on 08 December 2023 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. Refugee Survey Quarterly 537 Downloaded from https://academic.oup.com/rsq/article/42/4/518/7319203 by guest on 08 December 2023 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. 538 Diego Garcia Rodriguez jLGBTQ Refugees and Asylum-Seekers Downloaded from https://academic.oup.com/rsq/article/42/4/518/7319203 by guest on 08 December 2023 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 Downloaded from https://academic.oup.com/rsq/article/42/4/518/7319203 by guest on 08 December 2023 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”. 540 Diego Garcia Rodriguez jLGBTQ Refugees and Asylum-Seekers Downloaded from https://academic.oup.com/rsq/article/42/4/518/7319203 by guest on 08 December 2023 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 Downloaded from https://academic.oup.com/rsq/article/42/4/518/7319203 by guest on 08 December 2023 CITATIONS (7) REFERENCES (68) ... UNHCR, 2002a, UNHCR, 2002b, 2011, wide-ranging deficits still prevail (Güler et al., 2019;Wessels, 2021). They frequently continue to face gender-related vulnerabilities and structural discrimination in countries of asylum (Nyanzi, 2013;Myrttinen et al., 2017;Koçak, 2020;Camminga & Marnell, 2022b;García Rodríguez, 2023;Ritholtz, 2023). Although scholarship on the adversities of queer displaced people is growing, critical reflection on how heteronormative and patriarchal humanitarian, political and societal structures foster these violent and discriminatory life conditions in exile remains insufficient. ... Surviving Exile. Queer Displaced People’s Lived Experiences of Aid, Risks and Coping in Kakuma Article Full-text available * Oct 2024 * Gend Issues * Ulrike Krause * Nadine Segadlo This paper examines the lived experiences of LGBTQ+ displaced individuals in Kakuma refugee camp, Kenya. Drawing on situated knowledge and relational agency, it delves into how queer people experience the humanitarian-aid system on-site, what risks they encounter, and how they exert agency to cope with the prevalent challenges of day to day life. Findings reveal that, in a country context where same-sex relations are illegalized and queer people criminalized, those displaced face heightened risks. They are confronted with the heteronormative paradigms inherent to the humanitarian-aid system, ones resulting in their neglect and denied access to much-needed assistance and protection. Structural and physical violence such as discrimination, exclusion, harassment and threats of murder exacerbate unrelenting fears and tangible risks in the camp. To navigate these challenges, they employ diverse individual and especially collective coping strategies, creating safe spaces for mutual support, exchange and hope. View Show abstract ... This narrow portrayal is not uncommon and stems from various factors, including the challenging contexts LGBTQ+ persons have to face during displacement, characterized by discrimination, persecution, and violence due to their non-normative gender and sexual identities (García Rodríguez, 2023). Moreover, legal and policy issues facing the LGBTQ+ Printed from Oxford Research Encyclopedias, Natural Hazard Science. ... A Review of Gender and Refugee Studies in Lebanon, Jordan, and Türkiye Chapter Full-text available * Aug 2024 * Irene Tuzi * Estella Carpi Drawing upon academic sources and policy reports of nongovernmental organizations, the UN, and other bodies, it can be shown how most of these studies have often adopted a gender-binary approach, contributing to an over-focus on and to the stigmatization of “refugee women” as a self-standing category of analysis and a homogeneous social group, while differently gendered bodies on the move have been under-investigated. Although fluid understandings of gender have long since informed gender and sexuality theories, the binary approach, when coming to the field of forced migration, remained the most common way of framing displaced gendered bodies. In this framework, the leading discussion revolves around how the women-focused literature in the Middle Eastern context has scarcely intertwined with the LGBTQ+ literature. The regional-based critical review, while noticing a refugee masculinity-focused literature on the rise, evidences an anachronistic compartmentalization between women-focused and LGBTQ+-focused research, which contradicts the performative interpretations of gender debated since the early 1990s while reinforcing a monolithic understanding of gendered experiences of displacement. As a result, to some extent, it can be argued that humanitarian and migration practices and policies tend to reflect the gender binarism underlying the related academic research. View Show abstract Missiles and Misfits: Reimagining Home and Security for Queer Internally Displaced Persons From South Lebanon Article * Nov 2024 * Jasmin Lilian Diab Executive Summary This paper sheds light on the often-overlooked intersectionality of armed conflict, displacement, and sexual and gender identity, with a focus on the experiences of LGBTIQ+ internally displaced persons (IDPs) from South Lebanon amidst the ongoing armed conflict between Israel and Hezbollah. Employing a qualitative research approach, the study conducted 18 in-depth interviews with members of the displaced LGBTIQ+ community to capture the nuances of their lived experiences. Through thematic and narrative analysis, the research aims to uncover the multifaceted challenges faced by LGBTIQ+ individuals who have been internally displaced due to the protracted conflict. The findings highlight the intricate interplay between the external conflict dynamics and the internal struggles of sexual and gender minorities navigating displacement. Themes such as resilience, identity negotiation, discrimination, and community building emerge from the narratives, providing a rich and textured understanding of the intricate fabric of their lives. The paper not only contributes to the growing body of literature on conflict-induced displacement but also foregrounds the unique challenges and coping mechanisms employed by LGBTIQ+ individuals in the face of adversity. By amplifying the voices of those often silenced, this research seeks to inform policies and interventions that are more inclusive and responsive to the specific needs of internally displaced LGBTIQ+ populations in conflict settings, fostering a deeper understanding of the complexities inherent in their journeys of survival, resilience, and identity reconstruction. View Show abstract Invisibilization of the unwanted Others? Feminist, queer, and postcolonial perspectives on the 1951 Refugee Convention’s drafting Article * Nov 2024 * WOMEN STUD INT FORUM * Ulrike Krause View Understanding key priority areas of mental health among queer asylum seekers and refugees in Australia through the lens of structural violence: A modified Delphi method study Article * Aug 2024 * Satrio Nindyo Istiko * Andrian Liem * Edwin Adrianta Surijah * Ignacio Correa-Velez Queer asylum seekers and refugees (QASaR) are more likely to have poor mental health compared to non-QASaR. This paper examines key priority areas for refugee services to improve mental health outcomes of QASaR in Australia. The key priority areas were identified through a modified Delphi method (DM), comprised of two stages: a scoping review of literature and three rounds of consensus building process. In the second stage, twenty-one participants were involved, including QASaR, health/social care professionals, and people in policy/funding-related roles. Drawing on Farmer’s understanding of structural violence, our consensus suggests QASaR’s poor mental health is primarily produced by the asylum system, further exacerbated by the lack of safe queer-inclusive refugee services, and can be improved by supporting QASaR-led organizations. Greater investments in QASaR-led organizations and initiatives are needed to improve cultural safety of refugee services and achieve systemic change. View Show abstract Recognizing the agency of forced migrants with diverse sexual orientations, gender identities and expressions, and sex characteristics Article * Apr 2024 * David Onen * Philipp Schulz * Zeynep Pınar Erdem 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 migrants with diverse SOGIESC exercise agency. We put forward illustrative examples based on field reflections of working with refugees with diverse SOGIESC, opening up new perspectives for research, policy, and activism. View Show abstract Queer asylum: Between hostility and incredibility Article * Apr 2024 * Diego Garcia Rodriguez * Calogero Giametta View Becoming Queer in Canada: Sexual Orientation/Gender Identity (SOGI) Refugee 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. View Show abstract Queer Global Displacement: Social Reproduction, Refugee Survival, and Organised Abandonment in Nairobi, Cape Town, and Paris Article Full-text available * Feb 2023 * 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. View Show abstract Queerness, Sex Work, and Refugee Status in Nairobi: A conversation with Queer Sex Workers Initiative for Refugees Article Full-text available * 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. View Show abstract 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. View Show abstract The Mental Health of Male Sexual Minority Asylum Seekers and Refugees in Nairobi, Kenya: A Aualitative Assessment Article 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. 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