LGBTQIA+ Refugees and Migrants

Proving your sexuality or gender identity can be extremely difficult. Individuals seeking asylum based on their LGBTQIA+ identity will likely live in countries where living their authentic self would likely result in persecution, violence and even death. Violence or abuse not only from family and other citizens but also by the government and legal system of the country they reside within. Many people in these situations have spent a life hiding who they are, living in fear of being discovered and risking their lives every time they meet with people similar to themselves. So, when you have spent years hiding who you are, how can you later prove the real you? It is not easy; however, let’s explore some options.

1 | Official documentation
Suppose a person has been arrested or is suspected of indecent sexual acts. In that case, there will likely be arrest warrants, court papers and documentation relating to ongoing investigations. Could the individual obtain those papers and hold onto anything linked to any actuation made? Important: the official documentation route should only be explored if a person has been arrested, not as a way of collecting evidence

2 | Patterns and Past Relationships
Anyone who has visited or lived in a country hostile toward the LGBTQIA+ community will see specific patterns and behaviours. People will still use smartphone apps; however, they often hide their location, conceal their faces and use fake names. People will be cautious, but they will also likely make connections and meet people like them. Capturing conversations and personal photos of past relationships can be an option in the form of evidence. Creating a cloud or email service offered within a developed country (such as Hotmail or Gmail) is worthwhile if this evidence is incriminating. The account should not be linked to your primary email or be in your favourites. All evidence could be loaded, and any history or trail to the service be hidden or destroyed. During the application process, all of the evidence collated would be easily accessible and secure

3 | Testimonies
Most people today spend much time online, and speaking to someone thousands of miles away is easy. For people that have spent time online talking to people, one might be able to provide testimony. For example, say you are a gay man; for the past two years, you have spoken to a gay man in America. You have had numerous intimate conversations; he is aware of your sexuality and your current circumstances. He may have had video chats and even shared virtual moments with you. His testimony might be considered evidence if you applied for asylum in that country. Possibly, even a sworn testimony evidences a pattern of a person’s sexuality and past behaviours.

4 | Media and Recordings
In extreme situations, videos of abuse of LGBTQIA+ individuals and violent voice messages have been uploaded on social media or stored on people’s phones. If someone has unfortunately received this level of abuse or violence, though distressing, it is vital to capture and upload these types of media and recordings as evidence to be used when making an application

Unfortunately, though, for many, the above list will be the only means of evidence available to them. Whether they will be considered or accepted will depend on the country assessing the asylum application. There is no standard process for LGBTQIA+ asylum applications, and each country applies its own methods and approach in terms of assessment. In the past, there have been examples of individuals being made to undergo lie detection tests, intimate and personal questions within questionnaires and even medical examinations in extreme cases. Though many asylum cases are genuine, however, some people do and have historically lied. Migrants and Refugees, especially those desperate, have claimed asylum based on sexuality or gender identity persecution, even though they do not identify that way. Even though it is wrong, many of those individuals lied because they were vulnerable and desperate. However, some countries have used those examples to reject and justify refusing LGBTQIA+ asylum cases, given how difficult this ground is to prove.

Preparation is key. You might be safe, concealed and under the radar now, but things could change quickly. Even though you might not need asylum now, collating evidence could be worthwhile if required in the future.