Immigration Article of the Day: ESCALATING PERSECUTION OF GAYS AND REFUGEE PROTECTION: COMMENT ON QUEER CASES MAKE BAD LAW BY DEBORAH ANKER AND SABI ARDALAN

ESCALATING PERSECUTION OF GAYS AND REFUGEE PROTECTION: COMMENT ON QUEER CASES MAKE BAD LAW, DEBORAH ANKER AND SABI ARDALAN

In this article, Professors Anker and Ardalan respond to the criticism oi American, UK, Australian, and other courts in extending refugee protection to LGBT applicants in James C. Hathaway & Jason Pobjoy, Queer Cases Make Bad Law, 44 N.Y.U. J. INT’L L. & POL. 315 (2012).   In addressing the criticism, the article highlights U.S. jurisprudence in sexual orientation cases, which have generally made “good” law. It also addresses what the authors believe to be the most salient issue in LGBT asylum cases—namely escalating attacks on LGBT persons around the world and hurdles to corroborating applicants’ claims due to the dearth of country condition documentation and misreporting and under-reporting by NGOs and state agencies charged with documenting human rights violations.

The article appears in a symposium issue of the NYU Journal of International Law & Politics.

KJ