Sexual orientation in Refugee Status Determination

As such, LaViolette points out that the Guidance Note is not a full and complete analysis of refugee claims based on sexual orientation, but rather that it provides a basis for further commentary on the many issues facing gay, lesbian, bisexual and transgender refugees. Indeed, subsequent to the publication of the Guidance Note in November 2008, a number of articles in 2009 explored a range of issues connected to refugee claims based on sexual orientation.

This dissertation seeks to build on this work by examining some of the core issues that arise in refugee claims based on sexual orientation, with a focus on lesbian and gay claimants only. It seeks to answer the following questions: How have decision-makers dealt with gay and lesbian refugee claimants? Are decision-makers adequately prepared for the complexities of sexuality-based refugee claims?

How have the different elements of the Convention definition been interpreted so as to include or exclude gay refugees? What particular obstacles and difficulties do gay and lesbian refugees face in their claims?