Gender, Sex and Visibility in Refugee Claims on the Basis of Sexual Orientation

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. The article concludes that there is a push of lesbian and gay rights into the private realm, a conceptual move which will have to be addressed in the specific jurisprudence. [Descriptors: Migration - Refugees and Immigration, International]