Sexuell läggning och trovärdighet : En komparativ studie mellan Sverige och Danmark

Detta är en Uppsats för yrkesexamina på avancerad nivå från Uppsala universitet/Juridiska institutionen

Författare: Linnea Carlson; [2020]

Nyckelord: migrationsrätt; hbtq; asyl;

Sammanfattning: Thousands of LGBT-people apply for asylum in Europe every year. Credibility assessments have become an increasingly important part of the judgement in these asylum cases. This essay explores credibility assessments in two European countries, Sweden and Denmark. Sweden and Denmark are similar countries but have had different approaches to immigration policy during the 21thcentury. The countries also have different legal processes to handle asylum cases. In Sweden the administrative courts handle the appellate procedure, whereas in Denmark the whole procedure is placed within the administration. Furthermore, Sweden takes part in the EU-asylum system but not Denmark since the country has reserved against parts of the Maastricht treaty. However when it comes to LGBT-refugees the countries seem to apply their legislations in a similar manner. Regarding credibility assessments there are some common features but also some differences between the countries. In both Sweden and the Denmark the applicant is more likely to receive asylum –      if he or she is able to give more details about his or her story, –      if his or her story is coherent, –      if his or her story does not change during the process, –      and if he or she waits to apply for an asylum until after he or she has entered the country or does not claim his or her right to asylum on the ground of his or her sexual orientation from the very beginning of the process. However, the main focus of the credibility assessments between the countries seems to differ. In Sweden there is an ambition to focus on the feelings and identity of the applicant while in Denmark the main focus is rather the applicant’s actions such as romantic partners.

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