Newly released research has highlighted that queer refugees seeking asylum in Australia still face a challenge in convincing authorities about their sexuality.
The study published in the peer-reviewed journal Sexualities found that Department of Home Affairs officers assessing refugee claims did not understand some of the complexities of some LGBTQ+ applicants.
The research was undertaken by Brandy Cochrane from Melbourne University and independent researcher Lotte Wolff. The found that Australian authorities systems “perpetuates the forced categorisation (of) queer applications into LGBTIQA+ labels.”
As LGBTQ applicants may not been able to present physical evidence of them facing persecution in the home countries, it often up to bureaucrats to access how believable the applicant’s story is. The challenge arises when applicants do not fit into western concepts of sexuality categories, and there have been several previous studies that highlight the problem.
This includes an expectation by decision-makers that gay men are ‘flamboyant’ or ‘outspoken’, or expectations that homosexual men to have stereotypically feminine characteristics and homosexual women to have stereotypically masculine qualities.
Previous research has also shown that immigration officers often look for a narrative of discovery of self-actualisation, and expect to hear a story of shame and concealment, which may not align with every applicant’s lived experience.
For their research Cochrane and Wolff spoke to several legal representatives who work with asylum seekers who reported that there was often a challenge if their clients experience did not correspond to expected identity labels and expectations.
The legal representatives shared that clients who changed or adjudged the labels they used to describe themselves during the assessment process were less likely to be deemed credible. Clients who described themselves as bisexual were more likely to face scrutiny.
There is also an expectation that as soon as the client is in Australia, they will begin looking for a sexual or romantic relationship. Interviewees pointed out that people are considered more credible if they have a partner who is an Australian or foreign citizen, not another person seeking asylum.
One respondent told the researchers that there seemed to be a belief that queer people were constantly in or seeking relationships, leading to beliefs that gay people who remain single and not sexually active might not be genuine applicants.
“While relationship status appears to be significant, another expectation of queer legibility is the notion that someone who is LGBTIQ+ is ‘out and loud’ about their identity and experiences.” the report notes.
Applicants who came from cultures where gender and sexuality identities are not distinctly different concepts also faced challenges interacting with Australian authorities. Two groups who were highlighted were Pengkids from Malaysia and Fakaleitī Tongans.
Generally, someone who is Pengkid is assigned female at birth and has a masculine gender presentation as adults. They sometimes bind their chest and are referred to as tomboys, lesbians, transgender or butch. They generally have female partners and do not necessarily attach themselves to a specific set of pronouns.
The researchers found that this descriptor was challenging to some of the officers who are accessing claims, as were third gender concepts common in other countries. They suggest that further research into the interviews held and decisions made by immigration officers in affluent countries and the strategies that could mitigate bias.
OIP Staff
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