assessing LGBTQI+ claims and failure to align with the DSSH (Difference, Shame, Stigma, Harm) model
provided by the EUAA.600
Illustrative of the above is the reasoning of a negative decision issued by Kos RAO, for an asylum
applicant with, inter alia, a homosexuality claim and represented by GCR:601
For instance, the applicant could not elaborate on the process and the way in which he became
aware of his sexual orientation, saying that this happened after an incident of rape when he was
[x - minor] years old. […] The applicant gives almost no information about this [rape] incident.
When next asked how he felt about his realisation of his sexual orientation, he was content to
answer that he accepted it while others did not. One would expect that since it was an internal
process, and indeed something that would cause him trouble in his own country, he would be
able to give more details about how he experienced it and his feelings and even give more
information about how he became aware of it. Finally, when asked whether he knew about LGBTI
organisations in his country or about the law on homosexuality in his country, the applicant replied
negatively. One would expect him to be aware of such organisations or even the law since he
stated that from X to X he became aware of his sexual orientation and externalised his feelings,
a reason which played a decisive role in the applicant's decision to leave the country. In a more
general assessment, these allegations of the applicant are considered to be incoherent and
general and as a result, the Service finds that the internal credibility of the above allegation has
not been established.
The above reasoning of the first instance negative decision is indicative of the problematic, judgmental
and non-sensitive approach and credibility assessment of the Asylum Service with regard to LGBTQI
persons and GBV survivors.
Similarly illustrative is the reasoning of a negative decision issued by Kos RAO on September 2024 for
an asylum applicant with, inter alia, a homosexuality claim, legally represented by GCR:602 According to
the decision:
‘[t]he applicant made vague and general statements regarding the time and circumstances under
which he realized he was homosexual. He also spoke vaguely about the romantic relationship he
claimed to have had with someone of the same sex. Furthermore, his descriptions were sparse
concerning his feelings and the way he experienced his sexuality, lacking any truly personal or
experiential details about his sexual orientation. In this context, the applicant did not provide a
clear, detailed, and sufficient account of fundamental aspects related to this significant claim.
Regarding when he first realized he was homosexual, the applicant vaguely stated: "From when
we were in his room watching pornographic movies together, we felt it." (See interview transcript,
p. 16). Similarly, his responses to subsequent questions posed by the interviewer did not reflect
the narrative of someone recounting personal and experiential changes upon realizing their
sexual orientation. When asked about the change in his life after realizing he was homosexual,
the applicant vaguely responded: "Yes," and "I feel that I am different from other males." (See
interview transcript, p. 17). At another point in the interview, the applicant was again asked to
describe his feelings and whether he feared how society would perceive him if it became known
that he was homosexual. The applicant vaguely stated: Lawyer: "What feelings or thoughts
crossed your mind when you realized you liked boys? Were you afraid of how people would treat
you?" Applicant: "I am not afraid." Lawyer: "How can you not be afraid when you've been telling
us all along that it is illegal in Iraq?" Applicant: "Yes, it is forbidden, but I don’t need to tell anyone
that I am homosexual." (See interview transcript, p. 23). When asked if he knew other homosexual
people in his country or if he tried to meet them, the applicant responded in a manner that did not
reflect personal experiences, providing information from the internet and social media. The
applicant vaguely stated: “Do you know if there are areas, cafés, or other establishments in your
600
601
602
Heinrich Boll Stiftung, ibid.
More information available on the applicant’s case file, with GCR.
More information available on the applicant’s case file, with GCR.
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