Gay Asylum Seekers: Applitns And Country Of Orig

Contents:

• PEOPLE PERCEIVED TO BE GAY ULD BE ELIGIBLE FOR ASYLUM, U.S. URT SAYS
• JUDGE ORRS U.S. TO RETURN GAY ASYLUM-SEEKER PORTED TO CHAD
• LGBT RIGHTS AI: WILL KENYA BE THE LATT TO PASS ANTI-GAY LAW?
• GAY UGANDAN ASYLUM SEEKERS ' DANGER IF SENT HOME'
• GAY ASYLUM SEEKERS: APPLITNS AND COUNTRY OF ORIG
• GAY ASYLUM SEEKERS FORCED TO 'PROVE' THEIR SEXUALY

PEOPLE PERCEIVED TO BE GAY ULD BE ELIGIBLE FOR ASYLUM, U.S. URT SAYS

Eight of the apply the ath penalty for homosexual acts.

Wh homophobic laws around the world rangg om anti-propaganda laws to lifelong imprisonment or ath sentenc, the liv of lns of Lbian, Gay, Bisexual, Transgenr and Queer (LGBTQ) people are danger, simply bee of their sexual orientatn and/or genr inty. Many people who are Lbian, Gay, Bisexual or Transgenr (LGBT) have been granted asylum unr the particular social group tegory.

However, prohibn of homosexual acts a untry's crimal s and threats of vlence alone are rarely nsired persecutn, unls n be shown that a group is makg the threats and has the tert and abily to rry them out. The first issue that you will need to prove an asylum claim based on sexual orientatn is that you are lbian, bisexual, or gay. REUTERS/Noah BergerSummaryLaw FirmsPeople thought to be gay uld be 'social group' unr asylum lawCourt says immigratn board mt ci issueGuatemalan woman beaten, threatened for wearg men's cloth(Rters) - A U.

JUDGE ORRS U.S. TO RETURN GAY ASYLUM-SEEKER PORTED TO CHAD

Cizens who are perceived to be gay their home untri n qualify for asylum the U. Board of Immigratn Appeals (BIA) has for s held that gay people om certa untri qualify as such social BIA was wrong to fd that Anton's asylum applitn had more to do wh the way she drsed than her sexual orientatn, Circu Judge Mark Bent wrote for the panel.

Sanchez his ncurrg opn said he believed that people perceived as gay would qualify as a social group based on other urt s that volved perceived or imputed characteristics. Asylum claims based on persecutn related to a lbian, gay, bisexual, or transgenr (LGBT) dividual's sexual orientatn are particularly difficult to file, argue, and w — even wh substantial evince of persecutn and ill-treatment. LGBT asylum trends the Uned Stat are closely lked wh the domtic polil, social, and legal climate surroundg gays and lbians.

Though the climate has bee more acceptg of gays and lbians, some stat and loli still ban homosexual nduct.

LGBT RIGHTS AI: WILL KENYA BE THE LATT TO PASS ANTI-GAY LAW?

Lbian, gay, bisexual, and transgenr dividuals have been subject to long-standg and strgent rtrictns agast entry to the Uned Stat. Some were victims of laws imposg extreme penalti — years of imprisonment, and even ath — for homosexualy. (1) the foc on homosexual inty — not homosexual nduct — U.

Sce the Uned Stat self has laws that make homosexual nduct illegal, be difficult for asylum applints to argue they would receive aquate protectn here om siar laws their home untri.

G., for engagg homosexual acts); [but] rather... Simply om his stat as a homosexual.

GAY UGANDAN ASYLUM SEEKERS ' DANGER IF SENT HOME'

In one of the asylum petns to follow this precent-settg se, the Eighth Circu Court of Appeals nied the claim of Botswanan cizen Mareko Molathwa 2004, argug among other thgs that "homosexual nduct is crimal Botswana, as is some jurisdictns wh the Uned Stat. Proof may entail subscriptns to gay or lbian publitns, membership relevant anizatns, or an effemate or mascule appearance that dit homosexual inty. Wh severe penalti — even ath — place for homosexualy, and facg social ostracism and muny vlence, many LGBT applints nceal their sexual inty their untri of orig.

For the same reasons, gay or lbian anizatns are not easily formed the untri, and is challengg for homosexuals to tablish public social ti wh one another. Upon hearg the 2002 se of a gay Iranian man, immigratn judge Bce Barrett said, "Now what the urt really needs is to show this person is a practicg homosexual the Uned Stat.

GAY ASYLUM SEEKERS: APPLITNS AND COUNTRY OF ORIG

And the same problem he had Iran, he has wh this gentleman he's livg wh: closet homosexuals.

Notg that the petner was not regnizable as a gay man, the ernment argued that he would be able to ri safely Mexi if he ncealed his homosexual inty. It is also possible that some judg have not ed the immutabily le bee they do not believe that homosexualy is an nate and unchangeable characteristic.

A 2008 Inspector General report revealed that Department of Jtice officials had vetted immigratn officials for their views on homosexualy and same-sex marriage before appotg them to their posts. In nyg Je Soto Vega's asylum claim, an immigratn judge stated, "I don't see anythg his appearance, his drs, his manner, his meanor, his gtur, his voice, or anythg of that nature that remotely approached some of the stereotypil thgs that society asss to gays, whether those are legimate or not.

GAY ASYLUM SEEKERS FORCED TO 'PROVE' THEIR SEXUALY

In one asylum se, for stance, only one partner a homosexual uple satisfied this tt for inty.

Homosexual upl his home untry are fed by heterosexual norms, and only the "female" partner is nsired homosexual. In another example, an immigratn officer rejected the asylum claim of an Iranian man (who asked for his name to be whheld as he was terviewed for a law journal article) bee the applint was "not feme any way" and therefore uld not be gay. The immigratn urt then argued that the man should be able to return to Iran sce he was able to nceal his homosexual inty.

The Iranian petner's claim was succsful only upon the reopeng of the circu urt se, when he submted a number of affidavs atttg to his engagement activi that were le wh Amerin nceptns: his membership LGBT groups, his subscriptns to gay magaz, and his participatn gay pri events.