The European situation

Thousands of LGBTI asylum seekers apply for international protection in Europe each year but there are considerable differences in how European states examine LGBTI asylum applications, according to the 2011 report Fleeing Homophobia. Asylum claims related to sexual orientation and gender identity in Europe (funded by the European Refugee Fund a.o.)

 

The study finds that the Dublin system, according to which only one EU Member State examines an asylum application, presumes an illusory common standard in the application of refugee law which is in fact lacking. To counter these differences in asylum application treatment, the report recommends that the European Asylum Support Office should give priority to promoting and coordinating the identification and pooling of good practices regarding the examination of LGBTI asylum applications.

 

LGB asylum applicants are regularly returned to countries where they have a well-founded fear of being imprisoned or sentenced to death for engaging in sexual activities with a person of the same gender. At the same time, serious human rights violations against trans people, occurring on a large scale in many parts of the world, often do not lead to asylum.

fleeing_homophobia_cover

 

The report gives a useful overview of 8 concrete issues which affect LGBT asylum seekers:

 

Criminalization; State Protection against non-State Persecution; Concealment of sexual orientation or gender identity; Internal protection; Credibility assessment; Late disclosure; Country of origin; Information, reception and detention.

 

Source: Fleeing Homophobia. Asylum claims related to sexual orientation and gender identity in Europe. 2011