Along with the idea that queer refugees are members of a particular social group, -as it has been previously mentioned-, the Refugee definition stablishes that because of that reason “a well founded fear of been persecuted” exists. In other words, queer refugees need to prove that they fear for they security and stability in their countries of origin because they are queer. They need to convince asylum decision-makers by providing evidence of their claim. The level of the standard of proof, according to both, UNHCR and EASO (European Asylum Support Office) is a “reasonable one” meaning that the standar is a low one and the benefit of the doubt is given to the claimant. However in practice, authorities often apply a higher standard thus hindering access to international protection.
The local situation of the country of origin can often be explained and proofed using reports by official institutions, like NGO’s. Indeed, as it was mentioned before, the social group ground contains two aspects of one person’s life: self-identification and society´s perceptions as SOGI being a distinct social group.
Concerning the personal story, the focus is generally placed on the coherence and the consistency along with substantial proof such as personal photographs and/or videos, local/national media reports, participation in LGBTQ+ associations, etc.
The difficulty heare lies around the personal character of the questions that need answering. the fact that LGBTI asylum seekers originating from countries, in which persecution and/or discrimination of LGBTI people are highly prevalent, are often incapable of speaking about their sexual orientation, gender identity or their being intersex right away, for instance due to distrust or fear.