Respect for Fundamental Rights in Credibility Assessment of LGBTIQ+ Asylum Seekers in Sweden

Abstract

This thesis investigates an increasingly important topic in the European Union (EU). I analyze challenges to respecting fundamental rights when assessing the credibility of LGBTIQ+ asylum seekers in Sweden. A qualitative adaptive approach has been selected in order to describe, explore, and analyze the challenges concerning fundamental rights in the process of credibility assessment. I focus specifically on LGBTIQ+ asylum procedures to be able to frame, describe, and subsequently analyze this complex legal process affecting LGBTIQ+ community members. Seven qualitative interviews have been conducted to provide insight into how asylum procedures are applied to LGBTIQ+ asylum seekers in Sweden. In addition, two official documents are taken into consideration to provide contextual support for the interviews. The documents represent international and national legal guidelines and boundaries concerning these procedures. With this thesis, my aim is to establish a broader and more comprehensive “picture” of how LGBTIQ+ asylum guidelines are applied and the effects on the LGBTIQ+asylum seekers’ fundamental rights. I identify challenges to fundamental rights by analyzing visible and hidden procedural elements through pre-settled codes taken from queer theory and fundamental rights. Strong ethical elements are also considered throughout the text due to the sensitivity of the topics and the objectionable implementation of LGBTIQ+ asylum procedures.