Andrew Loomes, ‘Claims To Refugee Protection On The Basis Of Sexual Orientation: Time To Change The Definition?’, 2021 UNSWLJ Student Series No 21-33 Abstract In the past 30 years, a growing body of literature has critically reviewed the distinct challenges faced by asylum seekers when claiming protection from persecution on the basis of their sexual … Read more
Place: Oceania
Kristen Walker, ‘The Importance of Being Out: Sexuality and refugee status’, 1996 (18) Sydney Law Review, 568-597
Refugee Status Appeals Authority, Refugee Appeal No. 74665, 7 July 2004 (New Zealand)
Claerwen O’hara, ‘The gap between immutability and perceptibility: Issues experienced by sexual minority asylum seekers in the context of the “membership of a particular social group” ground’, 2013 Abstract: Despite the persecution of sexual minorities being a widely-recognised ground for claiming asylum, this category of asylum seekers still experience a plethora of problems. This is … Read more
Douglas McDonald, ‘Freedom To Be: Assessing the Claims of LGBTQ Asylum Seekers’, 10 Socio-Legal Review, 2014, 35-52 Abstract This paper assesses contemporary dilemmas in the assessment of asylum claims based upon sexual identity, including international legal challenges to previously-prevailing notions that lesbian, gay, bisexual, transgender and queer (“LGBTQ”) asylum seekers may escape persecution through ‘discretion’; … Read more
High Court of Australia, Appellant S395/2002 v. Minister for Immigration and Multicultural Affairs; Appellant S396/2002 v. Minister for Immigration and Multicultural Affairs, [2003] HCA 71, 9 December 2003
Shana Tabak and Rachel Levitan, ‘LGBTI Migrants in Immigration Detention: A Global Perspective’, Harvard Journal of Law and Gender, Vol. 37, No. 1, 2014 Abstract In recent years, the state practice of detaining migrants has come under close examination for the multiple ways in which detention is likely compromise the human rights of detainees. With … Read more