Being Non-Binary Could Form Basis For Asylum, Upper Tribunal Decides

Non-binary gender identity can form the basis for an asylum claim, Upper Tribunal has expressly confirmed in the case of an El Salvador citizen, Mx M, who has been granted asylum in the UK because they would face persecution for their gender identity if returned to El Salvador.

Mx M’s original asylum claim based on sexual orientation had been refused and an appeal dismissed on the basis that the suffering to which they had been subjected did not reach the threshold of “persecution” required for an asylum claim.

Mx M subsequently made a fresh claim for asylum based on their non-binary identity. This claim was also refused but attracted a further right of appeal, as ‘Free Movement’ reports.

The Upper Tribunal started by emphasising the need for appropriate language in such cases. The appellant requested the use of gender-neutral terminology and “Mx” instead of “Mr” or “Ms” as a form of address.

The judge reminded decision-makers they should use gender terminology which respects the chosen identity of claimants before them wherever possible, in line with the Equal Treatment Bench Book for judges and Home Office guidance on Gender Identity Issues in the Asylum Claim.

She noted that all previous decisions had referred to the claimant as “he” for no good reason.

But the focus of the judge’s criticism was the wholesale disregard of previous decision-makers for the House of Lords case of HJ (Iran) [2010] UKSC 31.

HJ (Iran) is the UK’s leading authority on persecution based on issues of gender or identity. While that case focused on gay men, it established the principle that certain identities constitute innate characteristics which people cannot be expected to change.

The judge was critical of the previous decisions in the case, pointing out that a relevant judgement, which establishes the principle that certain identities constitute innate characteristics that people cannot be expected to change, had not been referred to when it was clearly relevant.

Read related myGwork articles here:

Businesses Urged To Give Non-Binary People Basic Recognition

U.K. Supreme Court To Hear Case On Gender-Neutral Passports

Taiwan to allow gender neutral option for official documents

Major Bank To Launch “True Name” Feature With Mastercard, Allowing Trans And Non-Binary People to Use Their Chosen Name

Keep up to date with the latest myGnews

LGBT professionals, LGBT Graduates, LGBT professional network, LGBT professional events, LGBT networking events, LGBT Recruitment, LGBT Friendly organisations, LGBT Friendly companies, LGBT jobs