Tue, 22 Sep 2020
When she, he or they arrive in the UK, the Queer (LGBT+) Refugee is faced with various government and judicial officials, ranging from not only the Immigration Officer, the Home Office interviewing officer, or the Immigration Judge, but also new found friends, lovers, or fellow detainees, and (if able to access one) a lawyer, who additionally requires them to ‘Prove’ ‘Gay’ - in circumstances where they overwhelmingly have spent their past lives hiding in the temporary refuge of the shadows.
This presentation seeks to provide one possible route to positively determining sexual identity refugee claims - the Difference, Stigma, Shame and Harm model (‘the DSSH model’) as a positive, and not (negatively) determinative tool, to establish sexual or gender identity (or expression) in a humane manner, with the voice of the person seeking asylum being the only non-corroborated source necessary to ‘prove’ actual or imputed identity.
Episode Two from the Migrant Law Clinic provides a training course on how to address all four limbs of the Supreme Court’s guidelines in HJ (Iran), from use of the DSSH model for credibility assessment, Country of Origin Information and future conduct-based analysis to provide a route to positive refugee status determination.
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