Abstract
This note analyses a recent case of the English Court of Appeal in which the applicant, R.G., a gay, H.I.V. positive Colombian claimed asylum on grounds of persecution due to his sexuality. Both the Asylum and Immigration Tribunal and the Court of Appeal rejected R.G.’s claim for asylum. The Court of Appeal’s first and most significant reason was that the alleged persecution was not sufficiently serious or life threatening, since R.G. had not suffered actual physical violence throughout the 13 years that he had lived as a closeted gay man in Colombia. Secondly, the court considered the real reason for R.G.’s seeking asylum was his desire to access free health care in order to manage his H.I.V. His allegations of persecution on the grounds of sexuality were viewed as a sham. This note is critical of the approach taken by the Court, which, it is argued, displays an insensitivity to the complexity of sexual identity and its performance and has the effect of perpetuating and legitimating discrimination against lesbians and gay men.
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References
Amnesty International, Colombia: Government given ‹green light’ to attacks against human rights activists (2006): http://web.amnesty.org/library/index/ENGAMR230382006?open (accessed 21 September 2006)
Amnesty International, Colombia – Scarred bodies, hidden crimes: Sexual Violence against women in the armed conflict (2004): http://web.amnesty.org/library/Index/ENGAMR230402004?open (accessed 21 September 2006)
Bergman D., Camp Grounds: Style and Homosexuality (Amherst: University of Massachusetts Press, 1993)
Clayton G., Textbook on Immigration and Asylum Law (Oxford: Oxford University Press, 2004)
Dauvergne C. & Millbank J., Applicants S396/2002 and S395/2002, A Gay Refugee Couple from Bangladesh, Sydney Law Review 25 (2003), 6
Howe A., More Folk Provoke Their Own Demise (Homophobic Violence and Sexed Excuses – Rejoining the Provocation Law Debate, Courtesy of the Homosexual Advance Defence), Sydney Law Review 19 (1997), 336
Human Rights Watch, (2005): http://www.hrw.org/reports/2005/colombia0805 (accessed 21 September 2006)
Human Rights Watch, (2001a) The Sixth Division: Military-paramilitary Ties and U.S. Policy in Colombia (New York: Human Rights Watch)
Human Rights Watch, (2001b): http://www.hrw.org/reports/2001/farc/colmfarc0801.pdf#search=%22gay%20and%20colombia%22 (accessed 21 September 2006)
Human Rights Watch, (1994): http://www.hrw.org/reports/1994/colombia/gener1.htm (accessed 6 May 2006)
Kendall C., Lesbian and Gay Refugees in Australia: Now That ‹Acting Discreetly’ is no Longer an Option, Will Equality be Forthcoming, International Journal of Refugee Law 15(4) (2003), 715.
McGhee D., Accessing Homosexuality: Truth, Evidence and the Legal Practices for Determining Refugee Status – The Case of Ioan Vraciu, Body and Society 6(1) (2000), 29
McGhee D., Beyond Toleration: Privacy, Citizenship and Sexual Minorities in England and Wales, British Journal of Sociology 55(3) (2004), 357
Millbank J., A Preoccupation with Perversion: The British Response to Refugee Claims on the Basis of Sexual Orientation, 1989–2003, Social & Legal Studies 14(1) (2005), 115
Neilson V., On the Positive Side: Using a Foreign National’s H.I.V.-Positive Status in Support of an Application to Remain in the United States, A.I.D.S. and Public Policy Journal 19(1–2) (2004), 45
Palmer S., A.I.D.S., Expulsion and Article 3 of the European Convention on Human Rights, European Human Rights Law Review 5 (2005), 533
Richman K., Lovers, Legal Strangers and Parents: Negotiating Parental Sexual Identity in Family Law, Law and Society Review 36(2) (2002), 285
Silove, D., Detention of Asylum Seekers: Assault on Health, Human Rights, and Social Development, The Lancet 357 (5 May 2001)
U.N.H.C.R., International Protection Considerations Regarding Colombian Asylum Seekers and Refugees, International Journal of Refugee Law 18 (2006), 1
U.S. Department of State, (2005): http://www.state.gov/g/drl/rls/hrrpt/2005/61721.htm (accessed 21 September 2006)
Walker K.L., Sexuality and Refugee Status in Australia, International Journal of Refugee Law 12 (2000), 175
Acknowledgements
Many thanks to Davina Cooper and Jenni Millbank for their helpful input and to Emily Haslam and Emily Grabham for their keen editorial eye.
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Johnson, T.A.M. Flamers, Flaunting and Permissible Persecution. Feminist Legal Stud 15, 99–111 (2007). https://doi.org/10.1007/s10691-006-9053-7
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DOI: https://doi.org/10.1007/s10691-006-9053-7