This two-volume open-access book offers a theoretically and empirically-grounded portrayal of the experiences of people claiming international protection in Europe on the basis of their sexual orientation or gender identity (SOGI). It shows how European asylum systems might and should treat asylum claims based on people’s SOGI in a fairer, more humane way. Through a combined comparative, interdisciplinary (socio-legal), human rights, feminist, queer and intersectional approach, this book examines not only the legal experiences of people claiming asylum on grounds of their SOGI, but also their social experiences outside the asylum decision-making framework. The authors analyse how SOGI-related claims are adjudicated in different European frameworks (European Union, Council of Europe, Germany, Italy and UK) and offer detailed recommendations to adequately address the intersectional experiences of individuals seeking asylum. This unique approach ensures that the book is of interest not only to researchers in migration and refugee studies, law and wider academic communities, but also to policy makers and practitioners in the field of SOGI asylum.

Europe is a popular destination for LGBTQ people seeking to escape discrimination and persecution. Yet, while European institutions have done much to promote the legal equality of sexual minorities and a number of states pride themselves on their acceptance of sexual diversity, the image of European tolerance and the reality faced by LGBTQ migrants and asylum seekers are often quite different. To engage with these conflicting discourses, Queer Migration and Asylum in Europe brings together scholars from politics, sociology, urban studies, anthropology and law to analyse how and why queer individuals migrate to or seek asylum in Europe, as well as the legal, social and political frameworks they are forced to navigate to feel at home or to regularise their status in the destination societies. The subjects covered include LGBTQ Latino migrants’ relationship with queer and diasporic spaces in London; diasporic consciousness of queer Polish, Russian and Brazilian migrants in Berlin; the role of the Council of Europe in shaping legal and policy frameworks relating to queer migration and asylum; the challenges facing bisexual asylum seekers; queer asylum and homonationalism in the Netherlands; and the role of space, faith and LGBTQ organisations in Germany, Italy, the UK and France in supporting queer asylum seekers.

This exciting and original volume offers the first comprehensive critical study of the recent profusion of European films and television addressing sexual migration and seeking to capture the lives and experiences of LGBTIQ+ migrants and refugees. Queering the Migrant in Contemporary European Cinema argues that embodied cinematic representations of the queer migrant, even if at times highly ambivalent and contentious, constitute an urgent new repertoire of queer subjectivities and socialities that serve to undermine the patrolled borders of gender and sexuality, nationhood and citizenship, and refigure or queer fixed notions and universals of identity like ‘Europe’ and national belonging based on the model of the family. At stake ethically and politically is the elaboration of a ‘transborder’ consciousness and aesthetics that counters the homonationalist, xenophobic and homo/trans-phobic representation of the ‘migrant to Europe’ figure rooted in the toxic binaries of othering (the good vs bad migrant, host vs guest, indigenous vs foreigner). Bringing together 16 contributors working in different national film traditions and embracing multiple theoretical perspectives, this powerful and timely collection will be of major interest to both specialists and students in Film and Media Studies, Gender and Queer Studies, Migration/Mobility Studies, Cultural Studies, and Aesthetics.

Each year, thousands of lesbian, gay, bisexual, transgender and intersex (LGBTI) asylum seekers apply for asylum in EU Member States.This book considers the position of LGBTI asylum seekers in European asylum law. Developing an encompassing approach to the topic, the book identifies and analyzes the main legal issues arising in relation to LGBTI people seeking asylum including: the underestimation of the relevance of criminalization of sexual orientation as well as the large scale violence against trans people in countries of origin by some European states; the requirement to seek State protection against violence even when they originate from countries where sexual orientation or gender identity is criminalized, or where the authorities are homophobic; the particular hurdles faced during credibility assessment on account of persisting stereotypes; and queer families and refugee law. The book gives a state of the art overview of law in Europe, both at the level of European legislation and at the level of Member State practice. While being largely focused on Europe, the book also takes into account asylum decisions from Australia, New Zealand, Canada, and the United States and is of relevance internationally, offering analysis of issues which are not specific to particular legal systems.

Today within neoliberal democracies, gender and sexuality provisions give people the opportunity of being granted social and legal protection. But how does the asylum system intervene within claimants’ understandings of themselves and in what ways does this affect their livelihoods in the country of arrival? The Sexual Politics of Asylum emerges from a 2 year long ethnography, which explores the experiences of 60 gender and sexual minority refugees in the UK. Bringing previously unheard stories to the forefront, this enlightening volume challenges dominant notions about the construction of sexuality and gender as an instrument for claiming rights in a world shaped by postcolonial relations. Giametta first examines why the migratory experience of the studied migrants is located within a set of humanitarian-inflected discourses that privilege suffering and trauma. This is then followed by an assessment of the respondents’ biographical accounts, which consequently uncovers how being situated in liminal socio-political and legal interstices produces precarious forms of life. Whilst the topic of asylum for gender and sexual minorities has attracted wide media coverage over the past decade, there persists a lack of academic attention to the complex experiences of these refugees. As such, this timely book will be of interest to undergraduate and postgraduate students interested in human rights, sociology, anthropology, migration, sexuality, gender and cultural studies, as well as people working within the refugee granting process.

Through the concepts of the ‘coloniality of asylum’ and ‘solidarity as method’, this book links the question of the state to the one of civil society; in so doing, it questions the idea of ‘autonomous politics’, showing how both refugee mobility and solidarity are intimately marked by the coloniality of asylum, in its multiple ramifications of objectification, racialisation and victimisation. Taking an interdisciplinary approach, The Coloniality of Asylum bridges border studies with decolonial theory and the anthropology of the state, and accounts for the mutual production of ‘refugees’ and ‘Europe’. It shows how Europe politically, legally and socially produces refugees while, in turn, through their border struggles and autonomous movements, refugees produce the space of Europe. Drawing on ethnographic fieldwork conducted in Hamburg in the wake of the 2015 ‘long summer of migration’, the book offers a polyphonic account, moving between the standpoints of different subjects and wrestling with questions of protection, freedom, autonomy, solidarity and subjectivity.

This collection examines the opportunities and challenges, rights and wrongs, and prospects and risks of Brexit from the perspectives of gender and sexuality. While much has been written about Brexit from legal, political, social and economic perspectives, there has been little analysis of the effects of Brexit on women and gender/sexual minorities who have historically been marginalised and whose voices have been less audible in political debates – both nationally and at the European level. The collection explores how Brexit might change the equality, human rights and social justice landscape, but from the viewpoint of women and gender/sexual minorities. The contributions gathered in it demonstrate the variety of ways that Brexit will make a difference to the lives of women and individuals marginalised because of gender or sexual identity.