Year: 2023
Type: article
Abstract: In this short piece we focus on two of the main changes brought in by the recent Nationality and Borders Act 2022 with a focus on sexually diverse claimants: inadmissibility and the increased standard of proof. The recent changes have a negative impact on all asylum seekers but we highlight that they have a particularly adverse impact on sexually diverse claimants because their diverse backgrounds have not been appropriately considered. The problematic provisions on inadmissibility on the basis of mode of entry and removal to a ‘third safe country’ pose particular risks for sexual minorities. Additionally, the increased standard of proof exaggerates issues already faced by sexually diverse claimants in relation to objective evidence gathering and decision-makers using guidance riddled with stereotypical understandings about sexual minorities.
Source: Legal Studies
DOI: 10.1017/lst.2023.21
Authors: Alex Powell, Raawiyah Rifath
Institutions: Oxford Brookes University, University of Exeter
Language: English
Subfield: Urban Studies
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
Estimated APC paid: $3,255
OpenAlex ID: W4387742112