LGBTI asylum seekers political and legal perspectives from the EU

Abstract

This thesis undertakes a comparative analysis of the implementation of the Recast Qualification Directive (2011/95/EU) within the Maltese and Cypriot asylum systems, with a specific focus on Refugee Status Determination –RSD- procedures concerning lesbian, gay, and bisexual –LGB- asylum seekers. The research investigates whether these two small EU member states, despite their common geopolitical challenges and differing institutional adaptations, have successfully aligned their asylum practices with the evolving EU legal framework and human rights standards, particularly in light of the increased recognition of sexual orientation as a ground for persecution. Through a critical examination of case law, institutional practices, and procedural reforms, the research identifies key commonalities and divergences between the two national contexts. The findings reveal persistent challenges in the credibility assessment of LGB asylum claims, where claimants often face difficulties substantiating their experiences due to the reliance on self-identification and statements as primary evidence. Furthermore, institutional and procedural inconsistencies complicate the adjudication processes, undermining efforts to achieve equitable and consistent protection outcomes. The study contextualizes institutional structures and identifies best practices that could inform policy refinements and procedural enhancements. These are proposed as essential steps towards establishing more coherent and rights-based approaches to handling LGB asylum claims within both jurisdictions. The research ultimately contributes to broader discussions on the interplay between Europeanization and national sovereignty in the governance of asylum procedures.