Kristin Bresnahan, ‘The Board of Immigration Appeals’ New Social Visibility Test for Determining Membership of a Particular Social Group in Asylum Claims and Its Legal and Policy Implications’, Berkeley Journal of International Law 29 (2), pp 649-679, 2011 Abstract Within the area of asylum law, there has been a great deal of confusion and debate … Read more
Entry type: Literature
Robert Leitner, ‘A Flawed System Exposed: The Immigration Adjudicatory System and Asylum for Sexual Minorities’, 2004 University of Miami Law Review 58 (2), pp 679-699 Abstract Debate over immigration policy and immigration law has taken on an unprecedented prominence for the American body politic in recent years. The growing clout and numeric prominence of the … Read more
Aaron Ponce, ‘Shoring up Judicial Awareness: LGBT Refugees and the Recognition of Social Categories’, 2012 New England Journal of International and Comparative Law, Volume 18, pp 185-204 Abstract The advancement of lesbian, gay, bisexual, and transgender (LGBT) rights has generally been more extensive in the European Union and its member states than the development of … Read more
Julie Bissland and Kathleen Lawand, ‘Report of the UNHCR Symposium on Gender-Based Persecution’, International Journal of Refugee Law, Special Issue, 1997, 13-31
Carmela Ferrara, Orientamento Sessuale e Identità di Genere: Immigrazione e Accoglienza [Sexual Orientation and Gender Identity: Immigration and Reception], 2019
Sharalyn Renee Jordan, ‘Un/settling: a critical ethnographic inquiry into settlement by refugees making claims based on sexual orientation or gender identity persecution’, University of British Columbia, 2010 Abstract Propelled by fear of violence and flight from stigma, impelled by desire for connection and belonging, the movements of people whose sexualities or genders defy and offend … Read more
Swetha Sridharan, ‘The Difficulties of U.S. Asylum Claims Based on Sexual Orientation’, Migration Policy Institute, 2008 Abstract Since 1998, the United States has processed an average of 46,000 asylum applications each year, according to estimates from the United Nations High Commissioner for Refugees. Winning asylum in this country, however, is not an easy task. On … Read more
Fernanda Estevão Pollini, ‘The Difficult Path towards the Recognition of Refugee Status based on Sexual Orientation and Gender Identity: Analysing Brazil and the United Kingdom’, ICL Journal, 2014 Abstract In some countries, LGBT people suffer oppression. They are at risk of suffering death penalty. Thus, the Convention Relating to the Status of Refugees (1951) is … Read more
Sabine Jansen and Thomas Spijkerboer, ‘De draaideurkast: Homoseksuele en transgender asielzoekers, discretie en strafbaarstelling’ Asiel & Migrantenrecht (7) pp. 320- 329, 2012 Abstract Sabine Jansen en Thomas Spijkerboer bespreken in een tweeluik de belangrijkste knelpunten in het Nederlandse asielbeleid voor lesbische, homoseksuele, biseksuele en transgender asielzoekers. in dit eerste artikel: de discretie-eis kan mensen terug de … Read more
Nicole LaViolette, ‘Sexual Orientation and the Refugee Determination Process: Questioning a Claimant About Their Membership in the Particular Social Group’, University of Ottawa, 2004 Abstract For many years now, gay men and lesbians have been granted asylum in Canada on the ground that they face persecution as sexual minorities. In 1993, the Supreme Court of … Read more