University of Sussex
Browse
eeac041.pdf (294.85 kB)

Utterly unbelievable: the discourse of ‘fake’ SOGI asylum claims as a form of epistemic injustice

Download (294.85 kB)
journal contribution
posted on 2023-06-10, 01:11 authored by Nuno FerreiraNuno Ferreira
Media and political debates on refugees and migration are dominated by a discourse of ‘fake’ and ‘bogus’ asylum claims. This article explores how this discourse affects in acute ways those people claiming asylum on grounds of sexual orientation or gender identity (SOGI). In particular, this article shows how such a discourse of ‘fakeness’ goes much beyond the well-documented often inadequate credibility assessments carried out by asylum authorities. By framing the analysis within the context of the scholarship on epistemic injustice and drawing on a large body of primary and secondary data, this article reveals how the discourse of ‘fake’ SOGI claims permeates the conduct of not only asylum adjudicators, but also of all other actors in the asylum system, including NGOs and support groups, legal representatives and even asylum claimants and refugees themselves. Following from this theoretically-informed exploration of primary data, the article concludes with the impossibility of determining the ‘truth’ in SOGI asylum cases, while also offering some guidance on means that can be employed to alleviate the epistemic injustice produced by the asylum system against SOGI asylum claimants and refugees.

Funding

SOGICA - Sexual Orientation and Gender Identity Claims of Asylum: A European human rights challenge; G1968; EUROPEAN UNION; 677693

History

Publication status

  • Published

File Version

  • Published version

Journal

International Journal of Refugee Law

ISSN

0953-8186

Publisher

Oxford University Press

Issue

3-4

Volume

34

Page range

303-326

Department affiliated with

  • Law Publications

Full text available

  • Yes

Peer reviewed?

  • Yes

Legacy Posted Date

2021-09-29

First Open Access (FOA) Date

2023-02-08

First Compliant Deposit (FCD) Date

2021-09-29

Usage metrics

    University of Sussex (Publications)

    Categories

    No categories selected

    Licence

    Exports

    RefWorks
    BibTeX
    Ref. manager
    Endnote
    DataCite
    NLM
    DC