This practice memo deals with the right to recognition as a refugee based on sexual orientation pursuant to the Immigration Act Section 28 first paragraph (a). This mainly applies to lesbian, gay and bisexual asylum seekers.
The purpose of the memo is to describe the main features of practice. It is not intended to provide a complete overview of all relevant factors. Nor does the memo describe the situation for each group in each individual country.
It is an update of UNE’s practice memo of 2 April 2013 ‘Seksuell orientering (homofili) som asylgrunn’ (Sexual orientation (homosexuality) as grounds for asylum). The update is based on a review of 181 decisions from 36 countries. The main countries are Afghanistan, Iran, Iraq, Nigeria and Uganda. The cases mainly concern homosexual applicants. This group is therefore a particular focus in the memo. However, the practice also applies to other applicants who fear persecution because of their sexual orientation.