"Den sexuella läggningen har inte gjorts sannolik" : En kvalitativ undersökning om asylbedömningar av hbtq+ personer
Sammanfattning: The purpose of this study was to gain a deeper understanding of how Swedish Migration agency and Swedish Migration courts reasoned regarding sexuality, gender identity and persecution within the home country in asylum assessments of LGBTQ+ people through a qualitative analysis of court decisions. Within this study fifteen court decisions have been analysed, all of which judgments relied on grounds of protection against persecution because of sexual orientation or gender identity. The material has been analysed from a queer perspective, focusing on heteronormativity and intersectionality. This study found that the assessments are of a difficult nature as there is great diversity in sexuality, something the Migration Board did not consider as much as the Migration Courts. In the judgments, the country’s demographic characteristics has had a decisive impact on the burden of proof, where the outcome in some respects has been negative if the complainant's data did not match the prevailing facts in the country. Despite guidelines that assessments may not be based on stereotypical and inappropriate perceptions, some of the Migration Board's reasons show lack of credibility and reliability based on stereotypical assumptions about LGBTQ+ people.
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