Safeguarding sexual minorities in South Africa : Asylum Seeker Management System leading to immigration detention

Abstract

This study examines the adjudication of sexual minority asylum claims in South Africa, exploring how challenges plaguing the adjudication process often leads to rejection of refugee claims based on sexual orientation. It provides an overview of the administrative and structural barriers that sexual minority asylum seekers face and makes recommendations to overcome these challenges with a view of ensuring that sexual and gender minority asylum seekers are not returned to countries where they are at risk of persecution. The study highlights key agents of persecution, and the institutional and legislative gaps in South Africa that render the asylum-seeking process for sexual minorities particularly challenging. Drawing on intersectionality theory and existing scholarship, the research demonstrates that while sexual minorities are not inherently vulnerable, the fear of persecution and the specific risks they face in seeking asylum make them particularly susceptible to harm. The study concludes that these challenges make immigration detention and deportation a likely outcome, requiring the need for reforms to better protect sexual and gender minority asylum seekers. Furthermore, the research demonstrates that because of these challenges, immigration detention and deportation have become a foregone conclusion. Key Words: Sexual minorities, Asylum seeker adjudication process, B-1590, Refugee Reception, Refugee Status Determination, South Africa.