Protecting LGBT People Seeking Asylum: Guidelines on the Refugee Status Directive

Saturday, 1 October, 2005

This paper was published by ILGA-Europe to help identify which provisions of the Refugee Status Directive (Directive 2004/83/EC) are relevant to third-country LGBT nationals seeking asylum in the European Union. The paper first provides background and key points of the Directive, defining the terms “refugee” and “subsidiary protection,” and identifies the rights that people under these statuses are entitled to. Furthermore, the paper examines the application review process, discussing the sources of persecution and the evidence provided, and addresses the question of how to determine refugee and subsidiary protection statuses. Finally, the paper provides guidelines on how to successfully implement the Directive at the national level.

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