Key challenges faced by LGBTI asylum applicants in the EU
Lesbian, gay, bisexual, trans-gender and intersex (LGBTI) asylum applicants are recognised as a vulnerable social group under European Union (EU) legislation, and are therefore entitled to international protection. However, it is up to applicants to prove that they are indeed LGBTI, which can be challenging. As they often come from countries where being a member of the LGBTI community exposes individuals to persecution and violence, there is normally little documentary evidence they can produce to support their claims. EU legislation has imposed limits on how Member States can examine and assess LGBTI asylum applications. Whatever methods EU countries use, they are required to respect the human dignity of applicants. LGBTI applicants also have specific needs – for example, in terms of healthcare and safety at reception centres. Vulnerability based on sexual orientation can also play a role in Member States' decisions on whether an applicant can be sent to their country of origin or to another non-EU country. Although a country might be considered safe as a whole, it might still prove hostile to members of the LGBTI community, which would prevent Member States from being able to send them there. However, more could still be done to better meet the needs of LGBTI asylum applicants. EU legislation requires Member States to set up national independent mechanisms to ensure compliance with LGBTI asylum applicants' fundamental rights. Organisations such as the European Union Agency for Fundamental Rights have also come up with guidance, such as additional training for staff.
Briefing