GEORGETOWN IMMIGRATION LAW JOURNAL

This article examines the assumptions concerning the identity of lesbians and gays within the case law on refugee claims. The article consists of a broad and comparative study of 300 decisions on granting refugee status on basis of sexuality from Canada and Australia. The author utilizes the differences between public and private spaces to examine the distinct claims formulated by lesbians and gays. She identifies agency and visibility as key concepts in refugee law on sexuality.

This article explores the tension between the United States immigration policy, which generally excludes those who are HIV/AIDS positive, and the obligations of the US under international refugee law. The author argues that women with HIV/AIDS who are facing persecution in their own countries would constitute a particular social group under the definition of refugee in US law. The article also examines many of the negative perceptions regarding individuals with HIV and argues that focusing on this debate through the lens of asylum would allow for the inclusion of positive rights and freedoms.

The author reviews guidelines established by Canada, the United States and Australia in assessing gender-related asylum claims. Part I focuses on whether these states adequately recognize women's fear of persecution. Part II discusses the international and domestic sources of inspiration for the guidelines. Part III examines the content of the directives.

The author of this article advocates for a change in United States immigration and refugee policy which currently does not recognize gender-based forms of persecution. She analyzes changes in Canadian immigration policy where guidelines have been passed that recognize persecution based on gender as persecution based on a "social group" and thus falling under the relevant definition of a Convention refugee. The author concludes that United States policy must go further than the Canadian guidelines. The U.S.

This article argues that the definition of refugee should be expanded to include those with a well-founded fear of gender persecution. Part II of this article surveys customs and laws regarding women in various regions of the world that could be considered to be a form of persecution. The customs highlighted are Islam in the Middle East, Hinduism in India, tribal customs in Africa and the machismo culture in Latin America.

In her discussion of migrant women domestic workers in the US, the author explains that American immigration and welfare policies, the US labour market and gender-based concepts that deny acknowledgement of domestic work as legitimate; all contribute to the formation of an underground economy that exploits female care workers who are primarily from developing countries. She argues that "care workers should be offered legal protections, benefits, and rights afforded to 'legitimate' forms of employment in our labor market".

The author examines avenues to obtain legal status in receiving countries for women who are returning to their home countries or who are unable to return due to economic need. She discusses asylum protection and looks at several cases where asylum has been considered and sometimes granted, arguing that asylum can and should be used as an available avenue to achieve relief where victims are eligible.