Gender and Sexuality

last update: January 2012

Generally Denmark doesn't recognise persecution because of  gender identity or sexual orientation. But if you seek asylum and can prove, that you because of your gender identity or sexuality  will be in a concrete risk of death penalty, torture or inhuman and degrading treatment at a return to your country of origin, you can get asylum.

The most important thing is to explain your own experiences living as an LGBT person. What are the risks you face? In what ways have you been persecuted? What do you fear if returned to your home country?

You might be able to underpin your case with background information. The Immigration Service and Refugee Appeals Board have access to great amounts of information about the situation in different countries, and they will use this when considering your case. You may yourself see if you can find reports, articles or testimonies from organizations about the situation for homosexuals, bisexuals or transgendered persons. Especially, you might be able to find relevant information in your own language. Give the information to your legal representative if you have one, so she or he can put it together. But remember: You  don't get asylum because of the situation in your country, but because of your situation in your country.

It is important that you explain about your sexual orientation or gender identity from the beginning of your case. If you wait to later in your case, the Immigration Service or Refugee Appeals board might not believe you.

If you do not want your family or children to know about some things you have gone through, you can demand to be interviewed separately about your own grounds for asylum.

More information and advice:
http://www.lgbt.dk/asyl/
http://www.lgbt.dk/2677/

E-Mail: asyl(at)lbl.dk