In or out? A queer intersectional approach to ‘Particular Social Group’ membership and credibility in SOGI asylum claims in Germany and the UK

Dustin, M; Held, N

Abstract

Individuals claiming asylum on the basis of sexual orientation or gender identity (SOGI) in Europe must prove
to the authorities in question that they are ‘credible’ and meet the Refugee Convention criteria. In most cases, they
do this by demonstrating that they belong to a ‘Particular Social Group’ (PSG). However, for some time advocates
and researchers have argued that SOGI claimants are treated both unfairly and inconsistently. In this article we
use queer and intersectional theories to argue that one explanation for this is how PSG membership has come to
be interpreted. Looking at recent experience in two EU countries – Germany and the UK – we argue that this is
done in a way that is both prescriptive, in requiring claimants to conform to minimal understandings of sexual
and gender identity, but also narrow and one-dimensional, in ignoring other aspects of the claimant’s identity and
assuming that SOGI asylum seekers are only sexual or gendered beings.

Citation

Dustin, M., & Held, N. (2018). In or out? A queer intersectional approach to ‘Particular Social Group’ membership and credibility in SOGI asylum claims in Germany and the UK. GenIus (Bologna), 2018(2), 74-87

• Journal Article Type: Article
• Publication Date: Nov 1, 2018
• Deposit Date: Oct 26, 2021
• Journal: GenIUS – Rivista di studi giuridici sull’orientamento sessuale e l’identità di genere
• Volume: 2018
• Issue: 2
• Pages: 74-87
• Publisher URL: http://www.articolo29.it/wp-content/uploads/2018/11/genius-2018-02.pdf
• Related Public URLs: http://www.geniusreview.eu/
• Additional Information: Access Information : The published journal issue can be freely accessed using the link above.