Constructing queer identities in asylum cases

The Administrative Review Tribunal assesses asylum claims based on sexual orientation and gender identity (SOGI) in ways that both help and hinder applicants. Analysis of 18 cases shows the Tribunal has expanded acceptance of differing sexual identity development, yet significant challenges persist. Tribunal decision-makers privilege applicants in established relationships with documented evidence, disadvantaging those with alternative relationship patterns. They actively apply Western definitions of gender identity, expecting applicants to describe experiences of trauma and suffering. Meaningful reform requires the Tribunal to question its underlying assumptions, provide comprehensive training on SOGI assessment, and recognise diverse ways of understanding sexuality and gender.

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Publication Details

Journal
Alternative Law Journal
Published
2026-07-26
DOI
https://doi.org/10.1177/1037969x261472098
Primary Topic
Sexual Assault and Victimization Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Constructing queer identities in asylum cases

Allen George, Jeff Milgate
Alternative Law Journal
Sexual Assault and Victimization Studies
article

Constructing queer identities in asylum cases

Allen George, Jeff Milgate
article en

Abstract

The Administrative Review Tribunal assesses asylum claims based on sexual orientation and gender identity (SOGI) in ways that both help and hinder applicants. Analysis of 18 cases shows the Tribunal has expanded acceptance of differing sexual identity development, yet significant challenges persist. Tribunal decision-makers privilege applicants in established relationships with documented evidence, disadvantaging those with alternative relationship patterns. They actively apply Western definitions of gender identity, expecting applicants to describe experiences of trauma and suffering. Meaningful reform requires the Tribunal to question its underlying assumptions, provide comprehensive training on SOGI assessment, and recognise diverse ways of understanding sexuality and gender.

Alternative Law Journal
The University of Sydney (AU)
Gender equality
Openalex Percentile: Top 4%
Sexual Assault and Victimization Studies
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