Document Type

Article

Publication Date

Summer 2016

Abstract

Part II of this paper will examine and compare how the LGBT asylum process has evolved—specifically vis-à-vis identity and discretion—in the United States and Australia, which can help highlight some of the issues driven by improper application of Western essentialist LGBT definitions on asylum claims. Part II will also analyze the concepts of refugee and asylum law internationally, as well as the concerns of the gay international community with respect to asylum law globally. Parts III and IV will review the asylum process for LGBT asylum applicants in the United States and Australia, respectively—with a focus on identity, discretion, and persecution. Part V discusses the intersection of discretion and identity and what can be done to more appropriately address asylum claims based on sexual identity or orientation against a backdrop of prevalent anti-immigration sentiments in both countries. Finally, Parts V and VI will make suggestions for moving forward in making the asylum process in both countries more equitable for LGBT asylum applicants.

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