International Journal of Colorectal Disease
Volume 29, Issue 11, 2014, Pages 415-436

Bisexuals need not apply: A comparative appraisal of refugee law and policy in Canada, the United States, and Australia (Article)

Rehaag S.*
  • a Osgoode Hall Law School, York University, Toronto, Canada

Abstract

This paper offers an analysis of refugee claims on grounds of bisexuality. After discussing the grounds on which sexual minorities may qualify for refugee status under international refugee law, the paper empirically assesses the success rates of bisexual refugee claimants in three major host states: Canada, the United States, and Australia. It concludes that bisexuals are significantly less successful than other sexual minority groups in obtaining refugee status in those countries. Through an examination of selected published decisions involving bisexual refugee claimants, the author identifies two main areas for concern that may partly account for the difficulties that bisexual refugee claimants encounter: the invisibility of bisexuality as a sexual identity, and negative views held by some refugee claims adjudicators towards bisexuality as well as the reluctance of some adjudicators to grant refugee status to sexual minorities who differ from gay and lesbian identities as traditionally understood. © 2009 Taylor & Francis.

Author Keywords

Australia Sexual orientation Asylum Refugee United States Bisexuality Credibility Law Canada

Index Keywords

sexual orientation Canada policy law refugee sexual behavior Australia gender identity Article heterosexuality United States human bisexuality sexual minority

Link
https://www.scopus.com/inward/record.uri?eid=2-s2.0-84912102152&doi=10.1080%2f13642980902758226&partnerID=40&md5=fb840569f5ac2289684432028c5d16a7

DOI: 10.1080/13642980902758226
ISSN: 01791958
Original Language: English