Evangelia (Lilian) Tsourdi, ‘Guidelines on the transposition of the Asylum Qualification Directive: protecting LGBTI asylum seekers’, ILGA Europe, 2012

Abstract

In 2004, the European Union adopted a Directive setting out rules governing minimum standards on conditions under which refugee status is granted as part of the Common European Asylum System (CEAS).1 It applies to third country nationals (i.e. persons from outside the EU) who request asylum within a Member State of the EU. It covers the criteria for being awarded international protection, but also the rights of persons once they are recognised as refugees or beneficiaries of subsidiary protection. Amongst those who apply for asylum, some are lesbian, gay, bisexual, trans or intersex (LGBTI). Some of them will be fleeing persecution unrelated to their sexual orientation or gender identity, for example due to their involvement in political movements opposed to the government of their country of origin. In other cases, their sexual orientation or
gender identity is the principal reason why they have experienced persecution or are at risk of persecution. The Directive, which had to be transposed by 10 October 2006, has been highly relevant to the processing of such claims within the EU.