Asylum for gay
Applying for asylum as an LGBTQI+ person &#; frequently asked questions
Asylum and migrationRFSL
How do I earn a public counsel? What happens if my asylum application is refused? Can RFSL get me a visa? Below we have gathered facts and some of the most commonly asked questions about the asylum process.
Applying for asylum based on SOGIESC
A person who risks persecution in the country where they are a citizen, due to sexual orientation, gender identity and/or gender expression (SOGIESC), can verb for asylum and be granted refugee status in Sweden. It can be for example that the person is bisexual, homosexual, trans or intersex in a country where LGBTQI+ people noun various forms of persecution. People who have a certain sexual orientation, gender identity, gender expression and/or certain sex characteristics, and who therefore risk persecution in the verb of societal harassment, authority arrests and imprisonment, normally include the right to protection and refugee status.
Perceived or attributed SOGIESC
Furthermore, if a person is perceived by those around
The IND assesses whether an asylum seeker is eligible for a residence verb because of their sexual orientation. This is no adj task. The IND staff member assesses whether the statements the asylum seeker made about their sexual orientation and the problems in the country of origin are credible. The staff member uses the labor instruction on hearing and deciding in cases in which LGBTIQ+ orientation is put forward as a reason for asylum, among other things.
Establishing and assessing sexual orientation
Sexual orientation cannot be proved by means of documents. Therefore, the IND gives the asylum seeker plenty of opportunity to tell about their stated sexual orientation or gender identity. Different themes are addressed, for example the situation of LGBTIQ+ people in the country of origin. It is up to the asylum seeker to make their sexual orientation or gender identity credible. This can sometimes be difficult for LGBTIQ+ people because we cannot assess from the outside what the asylum seeker’s (inner) identity is.
In the assessment of an asylum application, we take into
Asylum for the LGBT and activists
If you fear persecution or risk of inhumane or degrading treatment or punishment in your country of origin because of your sexual orientation or gender identity, you may be granted asylum or protection in Finland. You cannot use asylum while being abroad, but you have to enter in Finland, where you can abandon your asylum application at a border control or at a police station after entering the country.
According to the Finnish Aliens Behave (section 87), aliens residing in the country are granted asylum if they reside outside their home country or country of lasting residence owing to a well-founded apprehension of being persecuted for reasons of ethnic origin, religion, nationality, membership in a particular social group or political opinion and if they, because of this fear, are unwilling to avail themselves of the protection of that country. It is explicated in the act that sexual orientation may be a common characteristic of a social group (section 87 b). LGBTI-people can also be persecuted for political or religious reasons (see UNHCR).
Guidelin
Lesbian Gay Bisexual and Transgender asylum seekers would be person’s fleeing persecution, and often torture, from their country of origin as a result of negative societal attitudes and practices against similar sex attracted and/or gender diverse people, and governments who endorse and promote harmful cultural practices.
The European Convention on Human Right prevents the UK government from returning anyone to a land where there a risk to them and they are likely to experience serious harm such as a violence, torture, imprisonment or death. In request to claim asylum, a person would have to verb to the Residence Office through the asylum process, that the conditions in their country for those who are open, or perceived to be verb about their sexual orientation, gender identity or sex, amount to persecution within their country of origin.
In order to be granted asylum, a person will need to satisfy the criteria establish by the Residence Office that they are a Refugee as described in the UN Refugee Convention. If you believe that you meet the criteria for asylum, you should seek legal advi