Decoding Sexual Orientation in Refugee Status Determination: The Influence of Accounts of Emotions on Decision-Making in Sweden

Abstract

The understanding of sexual orientation as the basis for a Particular Social Group under the Refugee Convention is a contentious issue. Conventional thought suggests that sexual orientation (SO) claimants often face unfavourable treatment by asylum decision makers. Although much extant knowledge derives from in-depth qualitative and doctrinal studies, only a few jurisdictions (e.g., Canada, the UK) have been analysed using large-scale data or experimental methods. To complement this work, this article analyses a representative sample of SO asylum decisions from Sweden, aiming to elucidate the factors influencing refugee status determination outcomes. The findings reveal that emotional responses narrated in relation to the discovery of SO play a significant role in shaping decision makers' understanding of sexuality. This emphasis on internal accounts over observable practices poses challenges in verifying the credibility of SO claimants, raising questions about the reliability of credibility assessments. These insights underscore the need for nuanced approaches to assessing the credibility of SO claimants and ensuring fair treatment in asylum processes.