Asylum for Bisexual People

Recently in Ireland, a bi man was denied asylum on the basis that it was not believable that he was telling the truth about his bisexuality. Here we explore why decisions like these are made.

During Bisexual Awareness week you’ll see a lot of purple, pink, and blue on your timeline, a lot of Bicons being celebrated, and a lot of discussion about Bi-erasure.

What is Bi-erasure? Bi-erasure is a term used to refer to the ways in which bi people, our lives, and our communities, are left out of the narrative. It can refer to individual people, for example, Angelina Jolie not being considered part of the LGBTQ+ community despite the fact that she’s been out as bisexual for years. Or it may refer to big movements leaving bisexual people out of messaging. For example, marriage equality being referred to as an issue only concerning lesbian and gay people. 

You may be thinking, “big deal!”, so some people think Angelina Jolie is straight, so what? And sometimes messages say lesbian and gay, but surely bisexual people know it includes them, right? 

Well, the problem is more insidious than that. Bisexual people have been systematically removed from LGBTQ+ discourse over the past several decades due to the need for a palatable and simple rights campaign. From both within and outside the LGBTQ+ community bisexual people and our lives can be seen as complicated, an unnecessary detail in a neat story people want to tell about gay rights. 

This has a huge impact on bisexual people. Studies show that bi people’s mental health is worse than their lesbian and gay counterparts. Bi folks may feel left out of queer spaces and not seen as “queer enough”. 

But the worst impact of Bi-erasure is for those seeking asylum. In many countries, you can seek asylum due to facing persecution in your home country on the grounds of your sexual orientation. However, time and time again we have seen bisexual people being denied asylum as their sexual orientation is seen as less legitimate or suspicious to those making the decision. 

Make no mistake; the lack of representation of bisexual people and the constant erasure of the bisexual experience is definitely contributing to these decisions. 

A man we will refer to as Mr. X claimed asylum in Ireland in 2016. He is from Nigeria and told the state that he faced persecution there for being bisexual. He was refused permission to remain in Ireland and a deportation order was issued. The Minister for Justice did not believe Mr X when he said he is bisexual. One of the reasons given by the Minister was the fact that Mr X did not go to gay bars in his first few months in Ireland. 

This particular justification for denying asylum - and for refusing to believe the fact of Mr X’s sexual orientation - is concerning for a number of reasons. This argument suggests that every LGBTQ+ person goes to gay bars when in reality the community is diverse in terms of identities, spaces, and social outlets. It also ignores some of the realities of Direct Provision in Ireland - that geographical isolation and a weekly stipend of €38.80 per adult make it very difficult for asylum seekers to visit gay bars in the first place. Not to mention the severe racism and exclusion issues within gay bars which would mean the safety of a Black, bisexual migrant is absolutely not guaranteed in these spaces. 

Although the judge presiding over his appeal was critical of the Minister’s claims, Mr X’s application was still denied. 

The Department of Justice also denied the application for Asylum from Constance, a healthcare worker from Zimbabwe. She was told she, “didn’t seem bisexual” and, despite risking her life as a front-line healthcare worker during a pandemic, was issued a deportation order.

In the UK, Orashia Edwards, who was seeking asylum, was referred to as “dishonest” by the judge. Edwards argued that he was treated unfairly because of misconceptions about bisexuality. Fortunately, Edwards eventually won his case after a long battle and will not be deported to Jamaica. 

This happens all over the world and these are not a few isolated cases. A paper looking at refugee law and policy in Canada, the US, and Australia, concluded that bisexuals are significantly less successful than other sexual minority groups in obtaining refugee status. The study also concluded that Bi-erasure is a significant factor accounting for these decisions. 

Differentiating bisexuality from more visible sexual minority groups like gay and lesbian is a process that happens nearly always to the detriment of bisexual people. On the smaller scale, this differentiation can come in the form of exclusion of bi people from “gay” spaces, and on the larger scale, this differentiation comes in the form of disbelief by a system of refugee decision-makers which can lead to very serious outcomes. 

Those who seek to punish anyone who is part of a sexual minority group through social exclusion, violence, and legislative discrimination are not interested in differentiating bisexuality. A bisexual person does not get a half-sentence in a country which criminalises homosexuality. 

So when it comes to discrimination aimed at ostensibly “gay” people, bisexuals are not shielded by their bi-ness, but when it comes to the protection for these groups bi people are often denied the protection that gay folks get. 

So what can you do? On a day-to-day level, you can call out biphobic comments when you hear them, celebrate bi visibility week, and be an ally to your bi friends. We must also campaign for better asylum protections for all individuals seeking protection by voting for the parties that will implement these changes. 

For more information about the experience of asylum seekers in Ireland please follow the Movement of Asylum Seekers in Ireland (MASI), and to find your Bi+ community check out Bi+ Ireland.