Homophobia and Discrimination on

In other Member States data indicate the existence of a number of cases. In Belgium at
least 116 cases were h<strong>and</strong>led in 2006 (<strong>and</strong> 33 persons were granted refugee status)
<strong>and</strong> at least 188 in 2007 (<strong>and</strong> 60 persons were granted refugee status). 338 In Sweden,
Migrationsvärket [The Swedish Migration Board] estimated in 2002 the number of
asylum applicants on grounds of sexual orientation or gender identity to be
approximately 300 per year. The Swedish Parliament decided in 2005 that people at risk
of persecution on the basis of sex or sexual preference could be granted refugee status
(Government Bill 2005/06:06). 339
Sexual orientation <strong>and</strong> gender identity in the application
procedure
Studies 340 indicate that the information about sexual orientation, gender identity <strong>and</strong>
conditions for LGBT persons in their country of origin contained in the country of origin
reports used in refugee status determination procedures is often very limited. They also
highlight that a key issue in the asylum application procedures concerns the credibility of
the asylum seeker. In cases regarding persecution on grounds of sexual orientation, this
feature in itself becomes a question of critical inquiry, <strong>and</strong> several accounts report that
“those making asylum claims often do not believe that an asylum seeker is really LGBT”.
There are at least two reasons for this. First, certain identities, expressions <strong>and</strong> practices
are perceived to be more credible than others. As an example from Denmark shows,
changing sexual preferences or bisexuality can be suspicious:
'And there are some cases where people are homosexual <strong>and</strong> then in a way they are
not. It can be hard to assess. We had one [applicant] who said that he was
homosexual, but now he was not anymore because he did not think it was fun
anymore. We also meet such things, <strong>and</strong> it can be difficult to take it seriously.' 341
(employee, Immigration Service, Denmark)
Similarly, asylum decision-makers may interpret the fact that an applicant is or was
married or otherwise engaged in a heterosexual relationship, or that he has children, as
indication of heterosexuality.
338 Information provided by Commissariat Général aux Réfugiés et aux Apatrides (CGRA)
339 Sweden, country report
340 S. Jivraj, A. de Jong, T. Tauqir (2003) Initial Findings: Identifying the Difficulties experienced by Muslim
lesbian, bisexual <strong>and</strong> transgender women in accessing social <strong>and</strong> legal services, London: Safra Project,
<strong>and</strong> M.T. Drud-Jensen, S.P. Knudsen (2007) Migrationsvæsenets skab - betingelser for ikkeheteroseksuelle
i forbindelse med asyl og familiesammenføring i en nutidig dansk kontekst. University of
Copenhagen: Department of Sociology
341 Quoted in M.T. Drud-Jensen, S.P. Knudsen (2007) Migrationsvæsenets skab - betingelser for ikkeheteroseksuelle
i forbindelse med asyl og familiesammenføring i en nutidig dansk kontekst. University of
Copenhagen: Department of Sociology, p.132
Part II - The Social Situation
101