Paper: How America's 'social visibility' test effects LGBT asylum claims

LGBT asylum claims are covered in many countries by the 'membership of a particular social group' provision of the Refugee Convention. In the USA the Board of Immigration Appeals applies a 'social visibility' test to such 'social group' claims which is extremely problematic, as this paper by Kristin A. Bresnahan explains.

"A literal application of the social visibility requirement may have the discriminatory effect of rendering only effeminate men or masculine women eligible for asylum because only they are visibly perceived as homosexual by their societies."

'Social visibility' test in US asylum claims