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.