Normative understandings: sexual identity, stereotypes, and asylum seeking

Abstract

The decision in HJ and HT was a landmark moment in the treatment of sexual minority asylum seekers by the UK. 1 In ringing the death knell of the much-maligned 'discretion test', the judgement has been heralded as a 'key factor in the improvement of first decisions'. 2 However, implementation of the decision has not been without issues. As Millbank 3 and Chelvan 4 predicted, the decision has placed greater emphasis on asylum seekers to prove their sexual identity. 5 This is borne out in the fact that 86% of rejections in 2013 were based, at least in part, on adverse credibility findings. 6 This chapter employs a queer theoretical framework applying it to existing academic literature and judgements of the Court of Appeal and Upper Tribunal to interrogate the methods through which the 'legal truth' of asylum seekers' sexual identities is produced. 7 Building on Raj's observations 8 regarding the anxiety those administrating the asylum apparatus 9 feel towards the potential for false claims, I undertake a deconstructive analysis of

The place where only gays go: constructions of queer space in the narratives of sexually diverse refugees

“…The possibility of sexual orientation forming a ground for asylum was recognised in 1999 [3]. Since this recognition, one of the most fundamental issues facing SD claimants has related to proving that one is, in fact, or would be perceived as, SD (Danisi et al, 2021;Powell, 2020;Dustin, 2018). Although, this issue has traditionally occurred at the point of RSD, recent changes may mean that these issues often shift to another part of the process, such as determining whether or not a claimant could safely be sent to Rwanda.…”

“…(Adroa, Ugandan Refugee to Author). Previous research has problematized the deployment of sexuality within the UK asylum system for overly prioritising models of sexual identity over sexual behaviour and sexual desire (Powell, 2020;2021a). In this register, it seems that the focus on attendance in particular spaces is a part of the construction of a wider, gay, lesbian or bisexual identity which is viewed as being effectively ontological in nature.…”

Perceptions of Violence and the Self-Regulation of Identity for LGBTQ People in the UK

“…The participant notes how their identity traits carry different levels of race, citizenship, and sexuality deviate from the presupposed white heteronorm, which the Equality Act lends 'credibility' to as a form of difference in legislation. 63 "Erm, and I, I've got to say, there was a level at which, not agreed on the view, but thought, if I was on a date with someone, checking around before you kissed them to see if anyone's there, and definitely never hold hands with the person I'm going out with because in my head it's if I do that, there are gonna be ramifications of that, so it's not agreeing with the overwhelming view because you are complicit with it being you're not doing anything with it, and then Orlando happened and I was like 'yeah you know what, fuck that, I'm holding someone's hand in the street, how the fuck is that even hurting anyone? Oh yeah, it's not' and the scales completely fell off my eyes and I got really angry at myself for having let it affect me that much, still, there's a level of acceptance but its only with regard to certain things, I think, on the whole you can be gay but can you do it behind closed doors please because I don't want to look at it", (Gay man, 30)…”

“Sexuality” through the Kaleidoscope: Sexual Orientation, Identity, and Behaviour in Asylum Claims in the United Kingdom

“…She characterizes 'LGBT equal rights discourse' as being a series of common narratives around equality and inclusion that depict and frame sexual minorities in specific and limited terms (Adler 2018, p. 3). One of the core strands here is the idea that identity is something that we are born with (Johnston 2015;Powell 2020; See also : Phelan 2000). Johnston defines the "Born This Way" phenomenon as 'political and quasi-scientific claims that sexual orientation and gender identity are immutable and intrinsic facts' (Johnston 2015, p. 140).…”

“…In recent years, the treatment of sexually diverse refugees and asylum seekers has become an area of expanding interest for academic researchers (see for example : Bennett 2014;Giametta 2017Giametta , 2020; Khan 2016Khan , 2019Millbank 2009;Murray 2014;Powell 2020Powell , 2021. Much of this interest has centered on the issues claimants face when attempting to prove that they are, or will be perceived as, a given "sexuality".…”