Sunday, February 7, 2016

LGBT ASYLUM SEEKER


" QUEER ASYLUM SEEKERS CAN CANCEL  THEIR  HOMOSEXAULITY IDENTITY ," SAID BY MIGRATION JUDEGS .

      Some migration authorities do not believe that homosexuality is an innate and unchangeable characteristic. Does why they do not use the immutability Rule ?



They  focus on material proof of sexual identity with hope to use it as an  evidence to decide whether the applicant is a member of a particular social group. 

However, the lack of this evidence , will result  to forced concealment of sexual identity.


The courts often look for proof that fits  conceptions of sexual identity in its country. In denying  asylum claim, an immigration judge , often looks at the applicants  appearance,  dress,  manner, demeanor, gestures, voice, or anything of that nature ,a stereotypical things that society assesses to gays .  They reject LGBT Asylum claim on baseless stereotypes , for instance ,  that if an  applicant  is "not feminine , therefore  he can not be gay, as an assessment , an applicant  is  able to return to his country and  conceal his homosexual identity. 


In one way another ,when an applicant  submits   numbers of  his or her affidavits attesting to his or her engagement in LGBT activities that were in line with the  country`s conceptions  thats to mention, his membership in LGBT groups, his subscriptions to gay magazines, and his participation in gay pride events,

Still the courts migration jugde willl goes ahead to seek proof of sexual identity only but do not include evidence related to sexual conduct   , 
because   they emphasis mostly  on sexual identity which is very problematic especially when applicants are from cultural religious country   where homosexuality is defined primarily as the act of evil , against religion and culture  , act of Aids transmission and shame in the society etc.



Varying Persecution

A review in asylum cases , its evident revealed that LGBT asylum applicants, have particular difficulties in proving their  "well-founded fear of persecution" these factors make LGBT asylum cases very difficult. Without a substantial and consistent body of case law to turn to, immigration judges are often compunded to  develop a comprehensive understanding or appropriate homophobic , or discriminatory rules for determining an LGBT asylum applicant's claim thus leaving the entire applicant case hanging upon the attitude of the  of their decision , in the long run , the final decision is other than  go back to your home country and cancel your sexual Identity . 
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