LGBTIQ+ Claims

UNHCR has long recognized the specific protection need of lesbian, gay, bisexual, transgender, intersex, and queer (LGBTIQ+) individuals and those who are perceived to hold such identities. The persecution of people because of their sexual orientation or gender identity is not a new phenomenon and a growing number of claims on this basis has necessitated greater awareness among decision-makers of the specific experiences of LGBTIQ+ asylum seekers and a deeper examination of the legal questions involved. UNHCR works to understand and address the unique protection concerns of LGBTIQ+ individuals and has produced country-specific asylum eligibility guidelines that discuss their specific risk profiles.

UNHCR offers the following summary of its views on claims based on sexual orientation or gender identity:

• UNHCR’s Views on Asylum Claims Based on Sexual Orientation or Gender Identity: Using International Law to Support Claims from LGBTIQ+ Individuals Seeking Protection in the United States (2022)

Key UNHCR Resources

For a discussion of substantive and procedural considerations relevant to LGBTIQ+ asylum claims, see:

• Guidelines on Claims to Refugee Status based on Sexual Orientation and/or Gender Identity within the context of Article 1A(2) of the 1951 Convention and/or its 1967 Protocol Relating to the Status of Refugees (2012) 
• Need to Know Guidance: Working with Lesbian, Gay, Bisexual, Transgender, Intersex and Queer Persons in Forced Displacement (2021)
• Discussion Paper: LGBTIQ+ Persons in Forced Displacement and Statelessness: Protection and Solutions (2021)
• Discussion Paper: The Protection of Lesbian, Gay, Bisexual, Transgender and Intersex Asylum-Seekers and Refugees (2010) 
• Guidance Note on Refugee Claims Relating to Sexual Orientation and Gender Identity (2008) 
• UNHCR Intervention before the Supreme Court of the United Kingdom in the case of HJ (Iran) and HT (Cameroon) v. Secretary of State for the Home Department (2010)

For a discussion of UNHCR’s views on the legal analysis of LGBTIQ+ asylum claims in the U.S. context, see:

• Comments on the Proposed Rules from the U.S. Dept. of Justice and Dept. of Homeland Sec., “Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review” (2020)
• Amicus Brief, Marroquin-Perez v. Barr (2020)
• Amicus Brief, Grace v. Barr (2019)
• Amicus Brief in Support of Petitioner’s Petition for Panel Rehearing or Rehearing En Banc, Bringas-Rodriguez v. Lynch (2016)

For a discussion of the specific protection issues, problems, and risks facing refugee and asylum-seeking LGBTIQ+ individuals, see:

• Protecting Persons with Diverse Sexual Orientations and Gender Identities: A Global Report on UNHCR’s Efforts to Protect Lesbian, Gay, Bisexual, Transgender, and Intersex Asylum-Seekers and Refugees (2015)
• Women on the Run: First-Hand Accounts of Refugees Fleeing El Salvador, Guatemala, Honduras, and Mexico (2015) 

Additional Materials

• Refworld: Lesbian, gay, bisexual, transgender and intersex (LGBTI) 
• Refworld: Persecution on the basis of sexual orientation and gender identity 
• Webinar by UNHCR and Texas A&M School of Law: Representing LGBTI Asylum Seekers: Leveraging International Law to Strengthen Asylum Claims (2017) (recording)