User:Vwdesmondi/sandbox3

Obstacles for LGBTQ asylum-seekers and refugees
Refugees, defined by the United Nations High Commissioner for Refugees (UNHCR), are displaced persons who “owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality, and is unable to, or, owing to such fear, is unwilling to avail himself of the protection of that country.” LGBTQ refugees are those who are persecuted due to their sexuality or gender orientation and are unable to find protection from their home nation. Individuals can seek refugee status or asylum in several different ways: they can register at an U.N. outpost, visit their intended country and a visa and apply once they are in the country, or they can make a report at their official government representation headquarters. Once a claim is filed, the intended country for reallocation evaluates eligibility of asylum requirements.[UNHCR] During meetings to determine eligibility and suitability, applicants face obstacles that can prevent them from making a successful claim.

Navigating the system
The first obstacle asylum seekers face is navigating the process in applying for refugee status or asylum. Countries like the United States, do not offer any legal assistance in making the asylum claim, requiring the applicant to find and fund their own legal representation. Many applicants inside the United States do not get a lawyer during this process and represent themselves. Other countries, such as the United Kingdom offer legal aid, increasing the number of applicants who have access to legal advice and representation in applying for refugee status or asylum.

While many refugees share the same difficulties navigating the system, LGBTQ refugees face additional challenges due to the nature of their claim. Communities are built among LGBTQ refugees and asylum-seekers, leading to a network of advice about how to navigate the system. These networks help share success stories in navigating the system. Agencies funded by the government to resettle and assist refugees and asylum-seekers can offer further, more general assistance. According to Carol Bohmer and Amy Shuman, statistics make it clear that chances of a successful asylum or refugee claim are greatly improved with legal assistance in the United States. Furthermore, the percentage of refugee claims admitted for LGBTQ claims tend to be lower compared to its heterosexual counterparts.

Refugees also face difficulty in securing housing once their application process is approved. In the United Kingdom, for instance, refugees can face difficulties integrating into neighborhoods, and are faced with gaps in provision, choices of housing options, and on-going support.

Credibility
Due to the nature of sexuality and gender claims, applicants often encounter issues with the credibility of their stories. Sexuality and gender identification is a private expression that cannot be determined by appearance. In seeking asylum, applicants are expected to prove their sexual or gender orientation as a proof of being a part of a particular social membership. They are also expected to prove that they are in fear of their life. Applicants applying for asylum due to sexual orientation are asked to present an “identity narrative. There are several different credibility obstacles that applicants face during the application process.

According to Neva Wagner, asylum claims in the United Kingdom face a “notorious challenge.”[7] Over 98% of sexual orientation claims were denied in the United Kingdom between 2005 and 2009, compared to the 76.5% refusal rating for all asylum applicants.[7] Bisexual claimants face an even greater challenge[7] due to their dual sexuality.[7] In bisexuality claims, claimants must demonstrate that they are at risk for persecution, even if their sexuality allows them to act in a heterosexual manner.

Lawyer S Chelvan reported to the Huffington post reported that the use of pornographic evidence—individuals taping themselves having sex with same sex partners—has risen due to challenges to credibility of queer claims.[7] Furthermore, immigration officials have refused witnesses for the credibility of queer asylum claims if the witness did not have sex with applicant.[8] Credibility becomes an issue, as many refugees keep their identity as being queer a secret from their own family and friends in order to avoid persecution.

Cultural differences in gender and narratives
The first step in verifying eligibility for asylum-seekers and refugee applicants is the initial investigation into why asylum is being sought. This is often done through applicant narratives, where the applicant is asked questions about their experiences and are evaluated in how their stories match the eligibility requirements. In the U.K., initial credibility determinations are given great significance. Initial determinations are not reviewable by appeal, and if credibility is examined, initial determinations are given precedence. Retelling their experiences can be traumatic and unaligned with a chronological telling that is expected in Westernized narratives. There is also an inherent gendered expectation in narratives. Rachel Lewis writes that “The racialized, classed, and gendered stereotypes of male homosexual identity typically invoked by asylum adjudicators pose particular challenges to lesbian asylum applicants.”

Women face additional obstacles, whether they are lesbians, bisexuals, transsexuals, or heterosexual. Women's narratives of persecution often take place in the home, so the violence experienced by females is often taken less seriously then males. Rachel Lewis argues that same-sex female desires and attraction are often overlooked in the U.K. cases, and applicants face a "lack of representational space within heteronormative asylum narratives for the articulation of same-sex desire." Simply put, lesbian narratives don't fit into the expected picture of an LGBTQ applicant. Instead, the expectations is for women to be discreet in their affairs to avoid persecution. Persecution of lesbians can be seen as routine in countries where it is common for women to be raped--every women then, is at risk of being attacked, and their lesbian identity would not constitute being persecuted for being a part of a social grouping. Women who appear vulnerable because they are openly lesbian or foreign women "in need of rescue from oppressive patriarchal--read third world--cultures" are more likely to be granted political asylum due to sexuality than women who identify as lesbian privately.