Queer asylum: Between hostility and incredibility

Abstract

The field of queer migration studies has significantly evolved in recent decades, with interdisciplinary scholars exploring the unique experiences of LGBTIQ+ people. This scholarship has emphasised that migrations are not solely motivated by economic or familial factors but are interwoven with migrants' sexuality and gender (Lewis & Naples, 2014; Luibheid, 2008). Initially, the focus was on the internal migrations of queer people from rural to urban areas, but the scope has since broadened considerably. By intersecting perspectives emerging from queer, feminist and migration studies, scholars started to focus their critique on the heteronormativity of immigration institutions (Giametta, 2017; Murray, 2015; Raboin, 2017). This literature underscored that individuals subjected to border control—irrespective of their sexual orientation or gender identity—systematically encounter gendered and racialised violence inherent to such policies. Amidst this, queer migration scholarship expanded its study beyond strictly defined sexuality and gender identities to investigate the power dynamics and inequalities that arise through migration (Lewis, 2019; Luibheid, 2008; Mole, 2018; Seitz, 2017; Williams, 2010). These studies have elicited original theorisations concerning neglected migration histories moulded by post-colonialism, asylum seeking and labour migration.

Over time, the academic focus of queer migration scholars shifted to address issues of forced migration, especially considering growing gender and sexuality-based asylum cases. In this commentary, while we explore global trends in queer asylum scholarship, the United Kingdom will be used as a case study to illustrate wider phenomena considering our work in this context. Our research reveals that, while current legislation acknowledges the validity of claims based on gender and sexual identities, its practical application presents significant obstacles. In September 2023, the then British Home Secretary, Suella Braverman, emphasised that simply being LGBTIQ+ and fearing discrimination in one's country of origin should not qualify for protection.¹ She asserted that discrimination alone seems to warrant refugee protection in the United Kingdom, which is factually inaccurate and reflects anti-migrant sentiments among the political class. Her statements ignored the strict standards set by the Nationality and Borders Act (NABA) 2022, which has raised concerns about its conflict with international treaties. The subsequent Illegal Migration Act 2023 further tightened these policies, mandating the removal of individuals who enter through ‘illegal’ routes.

The complexities inherent in the asylum-seeking process, demonstrated by the UK case, have drawn increasing academic interest, leading to the emergence of queer asylum studies. For LGBTIQ+ individuals, these difficulties are heightened due to the need to demonstrate their sexual orientation or gender identity. Queer asylum studies involve a critical examination of institutional practices, highlighting how immigration systems perpetuate hetero- and cis-normativity. In essence, queer asylum scholarship reveals the increasing visibility and inherent complexities of LGBTIQ+ asylum, aligning with broader global political, human rights and advocacy discourses.

The field of queer migration studies advocates for the understanding that migration processes are intricately tied to both gender and sexuality (Hucke, 2021). The objective is to confront and dismantle heteronormative and cis-binary presumptions, which play a significant role in enforcing border control policies (ibid.). Moving forward, our commentary will explore key themes in queer asylum scholarship, including the normative identity frameworks that shape asylum processes, credibility assessments and legal support and accommodation and detention. We will examine this vis-a-vis specific issues faced by LGBTIQ+ asylum seekers within the British system, providing an overview of current themes and practical implications for those seeking refuge.

Queer asylum scholarship must emphasise the need for intersectional analyses to investigate the impact of interwoven systems of oppression. This aligns with Cleton and Scuzzarello's viewpoint, who, within this issue, call for intersectional readings of migration policies. Such an approach is crucial to address the needs of marginalised populations and defy Western-centric frameworks. Reflecting on the feminist methodologies proposed by Clark-Kazak, also in this issue, we must underscore the synergy between queer migration studies and feminist scholarship, since both fields share a commitment to disentangling the complexities of identity and discrimination. This is key to advocate for policies that truly protect (rather than paradoxically limit) the freedoms of LGBTIQ+ individuals seeking asylum. Our commentary is also in line with the reflexive stance that Fresnoza-Flot articulates in this issue, as we reveal the British case study to be a critical example of the broader trend in the Global North, where existing asylum policies often undermine the safety they are meant to ensure. Considering these challenges, the table below summarises research avenues that could further enrich queer asylum scholarship, proposing a comprehensive re-evaluation of practices that currently fail to uphold the dignity and rights of LGBTIQ+ asylum seekers.

As we look towards the future, the themes explored throughout this commentary should inform future research to recognise the diversity of sexual and gender identities among asylum seekers and inform the provision of adequate support to those in need, aligning with international human rights standards.

The opinions expressed in this Commentary are those of the author and do not necessarily reflect the views of the Editors, Editorial Board, International Organization for Migration nor John Wiley & Sons.