mo
illness, people who experienced torture, rape or other forms of severs psychological,
physiological or sexual violence (Matti, 2016). Asylum seekers who are defined as
vulnerable need to be assigned to appropriate refugee shelters, according to their needs. There
is no ruling concerning the vulnerable status of LGBTI refugees on a national level in Austrite
Gonsequently. }-GBTI asylum seckers depend foFtheir basic social services ofthe federal
caregiver.
So far, only the federal law of Carinthia and the federal law of Voralberg have included
LGBTI people to the classification of vulnerable people (Matti, 2016).
(On the practical level, each LGBTI asylum applicantietfs considered on a case by case
examination if they meet the requirements fr asylum. One reason fo sym isthe belonging
to.a ‘specific group’ as the Geneva Convention defines. This meand{et the sa same time edch
LGBT refugee needs to prof their belonging tothe specific group as well as the eredibility
of this claim. There are no data about how many LGBTI refugees were accepted in Austria, as
we tigation neato be under protection of privacy.
ek “A
Additional, the national law: of Ansa a addresses the rights of asylum claimers who
experience infringement on their right, Pex self-determination in the Federal Act
‘Concerning the Granting of Asylum (AsylG, 2005) that was amended 2009.
Thus, he paragraph 20 ofthe Federal Act Convering the Granting of Asya (A210,
2005) states thatthe asylum seeker who claifi asylum based on the inftingement ofthe “6 / fen
sexual self-determination i3¥é the right to demand a same-sex official and judge, if the
person does not request otherwise. The §20 (AsyIG, 2005) further states that the asylum
seekers need to be informed about their rights to demand a same sex official dealing with
their case and the exclusion of asfSudience during the process. However, there are cases that
the asylum claimers did not get informed about the possibility to choose the sex of the
official they need to tell about the infringement of their sexuality. For instance, one lesbian
asylum applicant from Ghana did not get informed about her legal rights and stated that it
was not possible for her to speak infront of ie female, judge about her homosexuality and it
would have been easier for her to speak to a male judge during her asylum process
(Constitutional Court, 2016). However, itis plausible that homosexual men prefer to talkyto_
“female” officials and judgesabout their sexuality,as homophobic attitudes are more _
pronounced for men than for women (Vandello & Bosson, 2013; Louderback & Whitley,