Restructured heteronormativity : An analysis of Australian Immigration guidelines for assessing LGBT+ asylum seekers

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Restructured heteronormativity:

An analysis of Australian Immigration guidelines for assessing

LGBT+ asylum seekers

Ursula Jondorf

International Migration and Ethnic Relations

Bachelor Thesis 15 credits

Spring 2020: IM245L

Supervisor: Jason Tucker

Word count: 12251

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Abstract

This thesis analyses materials – a set of guidelines and a presentation – provided for officials who assess claims related to sexual orientation and gender identity within the Australian government’s Department for Immigration and Border Protection. The analysis is conducted using critical discourse analysis to see if the lexicon shows a white heterosexual bias, and if it does, how the bias is manifested within the guidelines, especially within the context of the gender binary. The theoretical framework primarily uses Critical Race theory, but also combines elements of Said’s Orientalism, and absence and presence theory. The results show that the guidelines do have a white heterosexual bias, which manifests itself in the form of, Western superiority, stereotypes about LGBT+ people, as well as an undertheorized portrayal of the gender binary. The findings contribute to research within the queer asylum field, especially with regards to research on migration from a non-gender-binary perspective. Key Words:Critical Race theory · Heteronormativity· Queer asylum · Gender binary · Australia

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A refugee claiming asylum based on membership of a particular social group that is being persecuted, has to prove that they belong to said group. Therefore, the burden of proof falls onto the applicant, posing many challenges for the members of these groups. This holds especially true for asylum seekers applying on the basis of being LGBT+, as they have to prove an internal aspect of their identity. Finding physical evidence to prove the internal truth can be challenging. Some immigration agencies have other means and ways for an LGBT+ claimant to prove their case without solely relying on physical evidence.

Australia’s method involves an interview with the asylum seeker, in which the interviewer, through different lines of questioning, tries to gather enough information about the claimant to make a judgement on whether or not they are indeed at threat of persecution, as well as whether or not they are LGBT+. This thesis will analyse the annexure (within this thesis ‘annexure’ will henceforth be referred to as ‘guidelines’, so as to ease reading and understanding) provided to Australian interviewers of the Department of Immigration and Border Protection for “assessing claims related to sexual orientation and gender identity.”

(2017a, p.1)

1.2 Aim and Research questions

The aim of this thesis is to evaluate whether or not the guidelines include a white heterosexual bias within them when it comes to the understanding of sexuality as well as gender identity. In addition, it will aim to analyse ways that the guidelines have a binary understanding of gender, thus the thesis will aim to illustrate ways that this binary understanding oppresses people who are not cisgender. Therefore, the research questions posed within this thesis are as follows:

Is there a white heterosexual bias in the Australian guidelines on how to process Asylum claimants, and if so how are they manifested in the guidelines? In what ways is there a binary understanding of gender within the guidelines? And how does this promote a trans exclusionary lexicon?

To achieve this aim, the thesis uses critical discourse analysis to apply a ‘Critical Race Theory’ lens to the guidelines.

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6 2. Historical background

It is difficult to sum up queer migration from a historical perspective’, as so much of queer history is erased. Queer migrants can be seen as “impossible subjects” to study with “unrepresentable histories that exceed existing categories.”(Luibhéid, 2008, p.171). However, this section will aim to give a brief overview of Australian queer migrant history in order to provide some level of context and explanation as to how the group has been marginalised in the past.

In 1901 Australia implemented the ‘White Australia policy’ which was aimed at promoting the settlement of white immigrants (Richards, 2008). This policy was promoted by such laws as the ‘Immigration Restriction Bill’, whereby immigration officers were allowed to ask for a fifty word dictation test to any non-European migrant (Martens, 2013, p.47). Because the language of the dictation was allowed to be any European language, it was quite easy for immigration officers to ensure a failure to any migrant that was deemed undesirable due to their country of origin. Throughout the first half of the twentieth century Australia encouraged eugenic policies that focused on promoting “migration and settlement by families that both conformed to the normative sexual order and were (or would become) ‘white’." (Luibhéid, 2008, p.174). The focus on family migration within Australia’s history aimed to reproduce “heterosexualized, racialized, and colonialist forms of the nation-state and the ‘good citizen’." (Ibid. p.177).

Australia was a party to the UNHCR refugee convention of 1951 as well as the 1967 protocol (p.138). This means that the state had an obligation to allow asylum for those fleeing their home state because of a well-founded fear of persecution on the basis of their

membership to a particular social group. Gay rights movements were organised in Australia in the late 1960s. The ‘Campaign Against Moral Persecution’ otherwise known as CAMP is attributed to being the first “openly homosexual and avowedly political organisation” in Australia and was set up in the year 1970 (Reynolds, 2002, p.30).

In 1985 Australia allowed the migration of same sex couples, the aim of which was to admit lesbians and gay men that sustained their core values of Eurocentric nationalism, whilst assimilating them to transnational capitalism (Luibhéid, 2008, p.177). The largest regional group of entrants under Australia’s visa for same-sex couples was for gay Asian men, who would often do a form of couple reunification to their significantly older Caucasian male partner that lived in Australia, and who would sponsor them to migrate (Ibid.). These gay

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Asian men faced a lot of racism and stigma, with derogatory terms being used against them (Ibid.).

Between the years 2013 and 2016, migrants who arrived by boat were sent to offshore detention centres to await trial (Australian Times, 2013). One of these camps was in Papua New Guinea, where homosexual acts between men is punishable by up to 14 years in prison. This put LGBT+ asylum seekers in the position of being placed right back into a

discriminatory environment straight after having fled one. It was also placing migrants who were applying on grounds of their sexual or gender identity, and thus having to go through the whole process of proving that identity, into a context where they had to suppress it.

3. Motivation

The understanding within this thesis of what is ‘heteronormative’ and ‘white’, is fluid and ever changing on account of paradigm shifts, where current concepts of gender and sexuality are currently in the process of change, but will change even further in the future to the point where current understandings will most likely seem questionable. The thesis will shed some light on current understanding of the topic, thus still providing knowledge in its own right. Previous research has been proven to be useful for case studies, and this thesis will aim to follow suit. Therefore the thesis does not aim to provide a definitive answer to the questions asked; instead it aims to paint a current understanding of what can be garnered from the guidelines. It will also aim to serve as a building block to work off in the future, if further research is pursued.

Within this thesis, the acronym LGBT+ is used with an awareness that it

unfortunately does not do justice to the wide range of complex identities that exist. For some, it reduces a complex sense of self to a letter, whilst others do not even get a letter within the above acronym. But the need for a compact signifier exists, so the use of + after ‘LGBT’ represents an attempt to rectify some of those qualms. This thesis also acknowledges that the perspectives and findings within it may be seemingly current when it comes to

understandings of concepts such as gender and race, as well as what is heteronormative. However, there may be nuances within queer theory that have not been discussed or acknowledged.

Using the analytical lens of heteronormativity, queer migration scholars can analyse migrants who identify as LGBT+ without treating these categories as fixed, whilst also acknowledging that these categories are embedded within multiple relations of power,

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allowing space to analyse people “whose sexual and gender practices do not necessarily align with their sexual and gender identities”(Luibhéid, 2008, p.171). Meaning, for example, that it is inclusive of individuals who by Western heteronormative standards would partake in homosexual acts, but do not identify as a homosexual.

From a theoretical standpoint, migration within the context of LGBT+ is somewhat lacking in academic discourse, especially when it is approached from an intersectional standpoint that includes gender and race in the discourse, which historically has been the subject of less attention (Lopes Heimer, 2020, p. 177). It felt necessary to include those topics as there has been criticism that within the field of queer migration there has been a heavy “focus on gay male asylum seekers, while the experiences of lesbian, bisexual, trans, and inter-sex individuals are unheard” (Dustin, 2018, p.106). For this reason the thesis, although exploring many different portrayals of LGBT+ migrants within the guidelines, does delve with more focus into exploring how trans migrants are portrayed.

The choice of using government guidelines as the material of choice for analysing can be partly summarised by Foucault who states how “legal discourses have historically played a major role in the production and regulation of sexual subjects.”(Lopes Heimer, 2020, p.176). Therefore it felt appropriate to analyse the guidelines in order to gain some insight on the power relations between the Australian Department of Immigration and Border Protection and the immigrant. As long as the “control of sexuality and the control of migration remain lashed together in service to dominant regimes of power, queer migration scholarship must continue to explore lives that have become ignored, invalidated, or violently abrogated.” (Luibhéid, 2008, p.183). For through discussing, questioning and critically analysing these regimes of power, queer migration scholarship has the opportunity to “challenge and

transform the relations of power that operate through migration regimes to generate unequal regimes of living and dying at multiple scales.”(Ibid.)

A limitation of this study is that it is able to look at only one specific document in one specific country. Therefore it is not looking at a general trend or pattern, or comparing

different documents. However, that does not mean that the research gathered is of no value to the field, as it can be used as a point of comparison to other research. The aim is also to provide some research into trans and gender discussions, which are so often overlooked when it comes to LGBT+ discourse within the field of migration. The choice of looking specifically at the Australian context partly comes from the seeming lack of direct research into this field.

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There are currently many articles that critically analyse the UK as well as the US processing guidelines. There would have been a danger, therefore, that the desired specific research would have felt redundant. English language constraints were also a point of contestation against many other countries.

4. Theoretical Background

To analyse a topic as complex and intersectional as representations of gender within the context of white heteronormativity, there was a requirement for theory that allowed that level of intersectionality. Therefore, this thesis uses Critical Race Theory as a focus point of theory, whilst other theories and concepts are used in conjunction with it. Within this section I will discuss Orientalism followed by an explanation as to why Critical Race Theory was the central theoretical framework used within this thesis. Subsequently there is a review of the stereotyping of LGBT+ migrants, followed by an emphasis on the importance of discussion about transgender migrants. Finally there will be a short insight into the concepts of

‘presence’ and ‘absence’ in association with ‘normalcy’ and ‘deviancy’.

4.1 Orientalism

A lot of existing literature has analysed LGBT+ application approaches from the perspective of the Orient. Within Edward Said’s theories on Orientalism, he describes how the Western colonial world would systematically paint themselves as superior and more civilised compared to the uncivilised “other” (Said, 1978). By perpetuating this myth the West would thus justify their colonial rule over the so-called other. This promotes an “us vs them” mentality. Many theorists propose that this Western colonial thinking can still be seen within some of the Western world’s guidelines for processing LGBT+ asylum seekers. For example, the UK guidelines mention how migrants can potentially have their application rejected due to the “discretion test” (Lopes Heimer, 2020, p. 175). This test categorises “between gay people who ‘live openly’ versus those who conceal their sexual orientation” (Wessels, 2012, p.816). Heimer highlights how this categorization promotes the Oriental vs Occident dichotomy, whereby the Western queers are painted as “liberated” whilst “allowing for racialised sexual others to be problematically portrayed as discreet” (2020, p. 184).

One of the reasons for this perpetuation of the myth of Western exceptionalism has been attributed by some theorists to the recent laws allowing LGBT+ people more rights in

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Western nations. Through the apparent rise in tolerance of different sexualities, as well as gender rights, the West gets to feel superior over the supposedly backward, traditional, and homophobic political-migrant sending communities (Lopes Heimer, 2020, p. 178). Heimer writes about how this rise in tolerance of the sexual “other” has formed an acceptable form of homosexuality (Ibid.). However, the “racial and sexual others” with their “outdated religious” migrant communities do not fit into the new accepted homosexual mould of liberated queers (Ibid.). The recent political rights awarded to LGBT+ people have led to an increase in the formation of an acceptable form of homosexuality. This new homonormativity is added to the existing heteronormative model within homonationalism (Ibid. p.183). This

homonationalism, although accepting of a certain form of homosexuality, rejects the “racial and sexual others” who do not fit the accepted homosexual mould (Ibid). The new “Western values” on homosexuality are then used as a colonial tool to reject the “cultural other” due to their lack of the same values (Chari, 2001, p.282).

Some theorists challenge this Western liberal assumption that queer migrants move from a state of repression to a state of liberation (Lubhéid, 2008, p.183). Instead suggesting that migrants are just going to experience a restructured version of the power relations between queer individuals and the state (Ibid. p.170). For example, there is still an influence exerted by the relations that the individual has with the state that they migrated from; that power dynamic still exists, but it has just changed. An example of this power dynamic is the fact that they cannot freely go back. Additionally, queer migrants will have to face new power dynamics with the state they have migrated to. There is still a power dynamic in play, which can be seen from the asylum process alone. Applying for asylum on the grounds of proving that you are LGBT+, and that the place you left was oppressive enough for the new state to accept you, shows an extraordinary amount of power given to the receiving state over the individual when it comes to the topic of their queerness.

The “othering” of immigrants’ sexualities has not been limited to queers, but also to heterosexual couples who had too many children, or had “aberrant sexual practices,

questionable sexual morals, and sexually transmitted diseases, including AIDS, that threaten to ‘contaminate’ the citizenry”(Ibid. p.174). Historically in the first half of the 20th century, this led to Australia limiting immigrants racially, by only allowing in “white” family migrants who conformed to the “normative sexual order”(Ibid.). This shows the intersectionality of a heteronormative society not only dictating the hierarchies for sex and gender, but also for race and class.

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11 4.2 Critical Race Theory

This brings me to Critical Race Theory. And whilst I see that the Orientalist approach has a lot of interesting points to make, and can be very useful as a means of analysing

guidelines, I have instead decided to use a theoretical approach that is also aware of the hierarchies in place due to colonial history, but with a slightly different perspective, which is Critical Race Theory (CRT). Using CRT one can observe many of the ostracising elements and injustices against immigrants. In a way, I believe that allows one to analyse not only through the macro lens of structural injustice that Orientalism allows one to do, but also on a micro level of how it might affect each individual migrant based on their background and experience. CRT acknowledges that although race can be criticised as a social construct with malleable falsehoods, one must also balance that with an awareness that “racism is concrete and causes tangible suffering for individuals” (Morgan, 2006, p.148).

The social construction of race is a very important factor that is relevant to Australian migration history. As previously mentioned, during the first half of the 20’th century

Australia limited immigrants racially, by only allowing in “white” family migrants (Lubhéid, 2008, p.174). Irish migrants were not considered fully “white” at the start of Australia’s colonial history, but then the definition of their whiteness changed within Australia later into the 20th century (Hall, 2014, p.167). This CRT way of thinking can also be applied to other concepts such as gender. Whereby there is an acknowledgement of it being socially

constructed, there is also space to show that transphobia, misogyny, sexism, and misandry can all affect people in a tangible way.

Using CRT, theorists can notice similar patterns to those that an Orientalist approach would notice, such as an imbalance in power dynamics between migrant and state. However, the explanation for this imbalance is slightly different, as it also allows the intersectionality of race and queerness to be acknowledged, rather than just looking at the relation between the “West” and the “Orient”. With a CRT model of analysing LGBT+ asylum guidelines within the West, the state’s application process comes from a heterosexual and white understanding of LGBT+, therefore leading to queer migrants of colour not always fitting into the

stereotypes that are expected of them (Morgan, 2006, p.149). Deborah Morgan talks about the conflict that could arise from this, as a stereotype about homosexuality might contradict a racist stereotype (Ibid. p.150). According to Morgan, “judges are likely to ascribe these

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characteristics to non-white asylum seekers and assess their demeanor, a key element of an asylum claim, based on unconscious heterosexist sexualized racist expectations”(Ibid.).

Morgan does acknowledge that these white heterosexist assumptions can be

unintentional (Ibid. p.147). A form of “unconscious racism”, whereby cultural stereotyping can lead to an unconscious racially discriminatory bias influencing judicial decisions (Ibid.). And although I am not looking at the court case process, I believe that these unconscious biases can potentially appear in the guidelines as well. For although something may seem like an unbiased “evidentiary requirement”, if one critically evaluates it, one could potentially find a cultural bias within it that discriminates against non-whites (Ibid.). This type of

analysis can also be applied to other facets of a person that are critically evaluated within the asylum process. For example, I use it to see if there is any inherent evidentiary requirement that has been formulated by cis cultural beliefs that discriminate against trans migrants. Due to the topics of race, sexuality and gender being so separated within the application process, migrants face additional difficulties in proving their positioning (Ibid. p.151).

Moira Dustin brings up the concern regarding the type of evidence used in the asylum process, by pointing out that someone does not necessarily need to be LGBT+, just perceived as LGBT+ to be seen as entitled to asylum (2018, p. 121). The theory is that there are two dimensions in proving membership to a particular social group (Ibid. p.120). An external and an internal one (Ibid.). According to the UNHCR a social group is “a group of persons who share a common characteristic other than their risk of being persecuted, or who are perceived as a group by society” (2002, p.3). This implies that one does not necessarily need to be LGBT+ to have a valid application, for the perception of being a member of the group gives just cause to apply. So this raises the question on why asylum processes focus so much on proving that you are LGBT+, not just perceived as such.

4.3 Presence and Absence

A theoretical tool that is used within the analysis of the guidelines is the concept of “presence” and “absence”. Jacques Derrida and Marguerite Porete talk about how one could find “an absence that is also a presence”, partly suggesting that what is not said could also be observed and studied, giving us knowledge about what society would rather go unsaid (Lichtman, 1998, p.214). And how the omission of certain things can lead to us garnering knowledge about what would rather go not said. This theory can be used in conjunction with

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CRT to reveal white heteronormative power choices in omitting certain gender and sexuality identities

On a similar note Luibhéid talks about how migration scholarship, whilst focusing on how migration schemes and settlement processes contribute to defining people as "queer," "deviant," or "abnormal", must not forget about what consequently becomes defined as normative or “normal”(2008, p.171). Within this thesis the messages of absence and presence, as well as their intersection on defining normativity, is used to point out the treatments within the text on the terms transgender and cisgender that create an image of what is “deviant” and what is considered “normal”.

4.4 Stereotypes

Sometimes LGBT+ asylum seekers have to do a form of “reverse covering” so as to prove their sexual or gender identity (Heller, 2009, p.296). ‘Reverse covering’ as described by Pamela Heller is where LGBT+ asylum-seekers might have to engage in displaying and performing “stereotypical aspects of his or her identity” (Ibid. p.295). Such as having to act more ‘flamboyant’ if they are male, as well as more masculine if they are a lesbian. This form of reverse covering challenges LGBT+ immigrants (Heller, 2009). Especially within the context of the influence of race and culture on sexual identity (Ibid. p.302).

Arguably the asylum process is not designed with LGBT+ migrants in mind, instead the evidentiary requirements are more suited for other kinds of discrimination (Dustin, 2018, p.105). Morgan theorises that the state’s focus on evidence with a “narrow understanding of sexual identity encourages the very fraudulent claims that the immigration authorities fear”, as it puts emphasis on physical evidence which can be easily falsified (Morgan, 2006, p.154). This does not just go for paper evidence, but also a “misguided reliance on physical

stereotypes to determine if an applicant is gay” (Ibid. p.156). This puts the migrants who are not lying, in a much more difficult and vulnerable position as they could potentially struggle the most in finding the evidentiary requirements needed to get their application approved (Ibid.).

Gender roles, expectations and subversions play a large part in how LGBT+ migrants can sometimes be stereotyped. This holds especially true for trans migrants. Moira Dustin talks about how quite often trans migrants will rely on filing under homosexuality rather than being trans, thus perpetuating the erasure of trans experiences (Dustin, 2018, p.119). Dustin goes on to speculate that this will continue until the asylum system has a better grasp on the

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intersectionality of identity, instead of relying on the “single (gay, male) model of sexual minority identity based on Western stereotypes”(Ibid.).

4.5 Transgender people and the gender binary

There is a need within the field of migration studies to allow perspectives of

transgender as well as other gender non-conforming people (Garcia, 2018, p.16). For a lot of migration research that does focus on gender uses a very binary understanding of it, with comparisons between men and women, rather than allowing other genders into the

discussion. Rocio Garcia, emphasises the importance of “interrogating the politics of erased migrations through gender non‐binary research and investigations of queering migration” (Ibid. p.11).

The inclusion of gender and sexual orientation as valid grounds for asylum has been contested as actually limiting the conceptions of gender and sexual gender within the broader movement of human rights (Hinger, 2010, para. 2).Part of the reasoning behind this claim comes from LGBT+ asylum being claimed by people as members of a particular social group that faces persecution, thus requiring the asylum processors to “understand what about gender and sexual orientation unites a group of people to the extent that it places members

collectively at risk of persecution.” (Ibid.).Therefore, to ensure that asylum standards are met, applicants and advocates must “put forward a universalized picture of the persecuted woman, lesbian, or gay man” (Ibid.).Which then leads to LGBT+ to be “molded through their individual asylum claims, into a particular, western characterisation of queer identity” (Ibid. para.3).

This universalised image minimises the complexity and individualism between different cases, meaning that the firm rigid conceptions of gender and sexual orientation that are undertheorized lead to limited conceptions of identity and culture (Ibid.). This makes it more difficult for individual asylum claimants to fit themselves into the hard established categories. Therefore the search for the definitive “characteristics to identify a particular social group creates a limited narrative of how identity is shaped and operates within culture” (Ibid.).

4.6 Summary

The culmination of these different theoretical concepts and understandings allowed me to approach the material with a wide range of theory that was focused on critically

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analysing the use of race and gender within the guidelines, as well as allowing a level of intersectionality between them. CRT, as well as some Orientalist theory allowed for the critical analysis of race within the guidelines. Aspects of CRT as well as stereotypes could also be used to analyse the use of gender in intersection with race. The theories on presence and absence, as well as normalcy and deviancy were also applicable to both race and gender, although within this thesis they are primarily used for analysing the mention, or the lack of mention, of different aspects of gender and sexuality. At the same time, the theories on the implications for the gender binary within policy-making allowed for a critical discourse analysis on the use of gender within the guidelines, be it definitions, pronoun use, or other aspects. This discussion on the gender binary allowed a framework from which to analyse how the guidelines create a lexicon that is exclusionary to transgender people, as well as other gender nonconforming individuals.

5. Methodology

This section on methodology provides background into how this research was conducted. As well as providing the strengths and limitations of using a constructionist epistemological position, I will include a brief synopsis on my choice to use a qualitative method. I shall also include more in depth explanations for the choice in using discourse analysis, and more specifically why critical discourse analysis was used. Additionally there will be a discussion of the strengths and weaknesses of the data selected. And finally there is a breakdown of the analytical framework used for this research.

5.1 Qualitative method

For this research I opted for a qualitative research design. Given the nature of this thesis’ research question, which searches for white heteronormative biases within the guidelines, the qualitative method seemed the most appropriate. David Silverman explains how qualitative research allows for “contextual sensitivity” whereby a researcher “can look at how an apparently stable phenomenon” (within this case, the guidelines) “is actually put together by its participants” thus allowing me to search for biases (Silverman, 2015, p.18). The qualitative method can be criticised for seemingly having a lack of clear structure (Ibid. p.8). However, this flexibility in structure allows qualitative analysis to do innovative, rich and in-depth analysis of phenomena (Ibid.).

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16 5.2 Constructionist approach

For this thesis I take a constructionist approach when it comes to researching the topic.Constructionism can be defined as an “ontological position which asserts that social phenomena and their meanings are continually being accomplished by social actors” (Bryman, 2002, p.710). As opposed to the naturalist approach, the constructivists are less concerned about finding an “absolute truth” within social studies (Dervis, 2013, p.11). Instead truth is seen as what the observer sees, and what they see is a “constellation of power and force that supports that truth.” (Ibid.). This means that the observer as well as the subject matter are an amalgamation of different social and contextual influences, and thus the

perception will differ depending on the observer. There is an acknowledgement that “we do not just 'experience' the world objectively or directly: our perceptions are channelled through the human mind- in often elusive ways” (Ibid.). The subject being observed is also a

combination of different factors that have led to its creation. I acknowledge that there will be a certain perception imposed onto the research thesis due to my personal background.

Constructionists affirm that that is acceptable, as long as there is an understanding from the researcher’s side that their perception is not impartial.

One of the reasons that I use a constructionist approach is due to its applicability to the Critical Race Theory understanding of gender, race and sexuality. Through the use of Critical Race Theory the thesis will aim to portray how these social constructs are portrayed within the material being studied. The material under study is the document that provides guidance on how to assess claims for onshore protection visas as well as offshore refugee and humanitarian visas “related to sexual orientation and gender identity”, as released by the Australian Department of Immigration and Border Protection (2017a). Within ethnographic research, it is common to use data which is based on “observation of what people are saying and doing” (Silverman, 2015, p.281). However, I have instead opted for a different route by doing an analysis of a document. Due to my use of a constructionist approach the thesis is not aiming to find definitive true or false statements about, say, gender or race. Instead it explores the way in which this document depicts these social constructs.

5.3 Material

5.3.1 Data selection

The material that will take primary focus is a document released by the Department of Immigration and Border protection (DIBP). This document’s purpose is quoted as “to provide

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policy and procedural guidance for interviewing lesbian, gay, bisexual, transgender or

intersex (LGBTI) onshore protection and offshore humanitarian visa applicants and assessing claims relating to sexual orientation and gender identity” (DIBP, 2017a, p.1). I decided on focusing higher than a micro scale of looking at court cases or conducting interviews with people who have partaken in the process one way or another, as I wanted my research to show a white heterosexual bias within an entire aspect of the asylum process, rather than on an individual case-by-case micro level.

Therefore, I wanted to look at the what you might call the ‘foundation’ of these interviews, to see if from already this macro/meso level one could see a white heterosexual bias, highlighting that the problem comes from a higher level than particular interviewers who have personal homophobic assumptions. Additionally, paper guidelines act as a base level material that all interviewers would have access to in the same format. I was particular interested in looking at the Australian guidelines due to the history of the country when it came to migration. Such as how convicts that migrated to Australia while it was being colonised by the British had a homophobic stigma against them, especially non-white Chinese convicts (Smith, 2008, p.329). Therefore I was intrigued to see if any remnants of that idea of the racialized queer other were still present within the guidelines when it came to refugees.

5.3.2 Data selection strengths and weaknesses

There are limitations in only looking at this one document. Documents are not a representation of “organisational routines, decision-making processes, or professional diagnoses” (Atkinson & Coffey, 2010, p.79). Instead they “construct particular kinds of representations using their own conventions” (Ibid.). Therefore one cannot gather from documents alone how an organisation actually functions day by day (Ibid.). Additionally, however ‘official’ a document is, that does not give definitive indication on how firm the evidence is of what they report. (Silverman, 2015, p.285). Thus, within the context of this research, the guidelines do not provide a direct insight into how these guidelines are used by the Australian Home Office. There is no indication on whether or not the document directly dictates the way the interviews are conducted. Furthermore, even if they did, there is no way of assessing how the process affects the migrant’s experience.

However, one must not then assume that documentary data is without its contributions to social and cultural understanding. Atkinson and Coffey clarify how “On the contrary, our

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recognition of their existence as social facts (or constructions) alerts us to the necessity to treat them very seriously indeed. We have to approach documents for what they are and what they are used to accomplish.” (2010, p.79). The research of this thesis looks at how, through the analysis of the document, one can see ways in which a white heteronormative bias, especially in regards to gender, has influenced the guidelines. It is not in the capacity of this thesis to then extrapolate on how this will translate into the ‘real world’ outside of the document. Instead of looking at transcripts of court hearings, or conducting interviews with people who had some role within the process, the thesis focuses on this singular document. Through the analysis of the document one can critically evaluate part of the literary

foundation upon which the current asylum process for LGBT+ migrants in Australia is built. Another weakness of the material is that it does not specify the year in which it was written, and whether or not it has been updated since. However, the document was released by the DIBP in 2017 after a freedom of information inquiry requested public access to all of the DIBP’s documents which related to the assessment of both:

“(A) Whether an asylum seeker is genuinely LGBT+ ; and/or

(B) Whether an asylum seeker has a well-founded fear of persecution based on their LGBT+ status.” (DIBP, 2017b, p.1)

Not all documents were released. But the guidelines and the training presentation were released. So although the document is not dated, it was still in effect in March 2017. The presentation was dated as having been created in 2016. Since no new updates or versions have been publically released by the DIBP, this is the most up-to-date material on the Australian DIBP’s guidelines for “assessing claims related to sexual orientation and gender identity” that I have access to.

5.3.3 Images

Additionally to looking at the text used within the document. This thesis analyses a couple of images that are used in the “LGBTI Training” presentation (DIBP, 2017a). Akin to the document analysis, looking at pictures has its limitations. For example, there is no way of gathering information about how the image is received by just looking at the image itself (Silverman, 2015, p.362). However, once again it can shed some light on the social and cultural context within which those pictures were considered appropriate to use for the presentation. Furthermore, the symbols and signals used within images can inform

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researchers about the messages that there is an intention to convey. Due to time and space constraints, this thesis is limited to only looking at two images.

5.4 Discourse analysis

This thesis uses a form of discourse analysis to conduct the research. Discourse analysis works together with constructionism, for it is a way to try and understand how “inequalities are constructed, made factual and justified in talk” so as to try and recognize how ideologies can be “used to manufacture coherent and persuasive justifications that work to sustain those inequalities.”(Silverman, 2015, p.319). This means that the discourse analysis approach uses constructionist understanding of how social discourse exists; through its

construction. It is then possible to analyse how the construction of this discourse can perpetuate the inequality in power.

A benefit of using discourse analysis for this research is that the approach is not too strict about the material used. This research analyses a document from an institutional setting. Discourse analysis also allows the potential to explore different materials in combination (Ibid.). This benefit is utilised within the research. It is not only the written guidelines that are analysed, but also two specific images from a presentation given in training for the

interviewers conducting the processing of LGBTI+ applications. The freedom and flexibility that discourse analysis allows is one of the reasons that it was chosen for this research.

Discourse analysis has a focus on language as the medium for interaction within social studies. (Ibid.). Considering the material analysed is a written document, and the aim was to analyse the language within that document, discourse analysis was a suitable choice. Although words can just be ink on paper a discourse analyst can, by looking at the discourse used, still have a partial “analysis of what people do” (Ibid.). However, there can then be a danger of assuming that what is written is a direct account of “what is true or false”, a direct portrayal of reality (Ibid. p.280). When in actuality discourse analysis is a form of anti-realism, which “emphasises the way versions of the world, of society, events, and inner psychological worlds are produced in discourse.” (Ibid. p.319). Discourse analysis is therefore not revealing the truth; it is instead illuminating how certain social and cultural concepts are created or recreated within language.

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5.4.1 Critical Discourse analysis (CDA)

The specific discourse analysis tool used within this thesis is critical discourse

analysis (CDA). In the words of David Silverman, CDA “focuses on the ideological effects of texts and is particularly concerned with themes like power, gender, race and class” (Ibid. p.321). I therefore felt that CDA was appropriate for the points of discussion covered by this thesis. CDA has been described as being a “transdisciplinary” approach as it allows a

“dialogue with other disciplines and theories which are addressing contemporary processes of social change.” (Fairclough, 2012, as cited in Collier, 1987, p.165). This allows the

researcher to form the methodology that works best for them, as it can be adapted to whatever suits their need, through the dialogue between CDA and the theory used. In the case of this thesis, the theory with the widest use is CRT (Critical Race Theory); however, due to the nature of CDA, other theories, such as Orientalism can also be applied without resulting in the entire research contradicting itself.

Unlike some other forms of discourse analysis, CDA primarily looks into the ways that “social power abuse, dominance, and inequality are enacted, reproduced, and resisted by text and talk in the social and political context.”(van Dijk, 2008, p.352). It was the focus on power relations which felt particularly appropriate within the context of this study, as there is a definite power imbalance between the asylum seeker and the immigration office processing their application. Due to the focus of the research in this thesis being on the socio-political language used within the document, it felt appropriate to use CDA.

In the Australian case that this thesis researches, it is the DIBP (Department of Immigration and Border Protection) that has power over the asylum seeker. Therefore, this thesis explores the ways in which that power possesses a white heteronormative bias, and how that manifests itself within the guidelines. With the means of CDA as a tool, “analysts take explicit position, and thus want to understand, expose, and ultimately resist social inequality” (Ibid.). Thus by pointing out certain imbalances within their research, analysts aim to, if not radically change, at least start a critical discussion of, the power dynamic within the topic in question. Similar to the constructionist view, critical discourse analysts

acknowledge that their research is “inherently part of and influenced by social structure, and produced in social interaction”(Ibid.). Therefore, once again, there is a form of bilateral effect on both the scholarship and the society.

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Moreover, CDA is a meso level of approach, which allows it to “theoretically bridge the well-known ‘gap’ between micro and macro approaches” (Ibid. p.354). To use this thesis as an example of how that is achieved, the document analysed is a discourse at the micro level of the paperwork involved in the process of assessing asylum applicants. Whilst simultaneously, at the macro level, it may be a constituent part in the propagation of racist homophobia against incoming immigrants, resulting in large rejection rates.

According to Teun Van Dijk there are at least five requirements that needed to be met in order to justify the use of CDA, and for it to “effectively realize its aims”(Ibid. p.353). The first being that “CDA research has to be ‘better’ than other research in order to be accepted” (Ibid.). For the purpose of what this thesis is studying, CDA felt like the most appropriate and most effective form of research. The second requirement is that the research “focuses

primarily on social problems and political issues, rather than on current paradigms and

fashions.” (Ibid.) This thesis does precisely that, as it is analysing a document associated with the Australian Home office, as well as the focus on immigration, which is a current talking point within the socio-political discourse.

The third requirement discussed is that “Empirically adequate critical analysis of social problems is usually multidisciplinary.” (Ibid.). Which, as already mentioned, is present in the theoretical frameworks contained within this thesis. This is apparent not just with the multidisciplinary discussion of CRT, but also with Orientalism and binary gender discourse. Additionally, within the actual CRT theory, there is already an intersectionality discussion about topics such as race and gender. The fourth requirement mentioned by Van Dijk about the research is that “Rather than merely describe discourse structures, it tries to explain them in terms of properties of social interaction and especially social structure.” (Ibid.). Although just the analysis of a document does not allow a clear picture into how it is used in “social interaction”, it does give information on the “social structure” within which the document was created. In constructivist terms, the document is a product of the social, political and cultural structure. By analysing the product, one can therefore glean knowledge about the structure in which it was created.

The final requirement mentioned is that “CDA focuses on the ways discourse structures enact, confirm, legitimate, reproduce, or challenge relations of power and dominance in society” (Ibid.). For the research conducted for this thesis, the focus is on whether or not a white heteronormative discourse is reproduced within a document associated

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with a political structure that has power over applying immigrants. CDA allows scholars to discuss “such notions as ‘power,’ ‘dominance,’ ‘hegemony,’ ‘ideology,’ ‘class,’ ‘gender,’ ‘race,’ ‘discrimination.’” (Ibid. p.354). These are all topics that are touched upon in this thesis, be it directly or indirectly.

5.5 Framework for analysis

CDA requires a look into the choices of vocabulary used, general patterns that emerge, as well as the cohesion of the text. By going through each section of the guidelines, the research was conducted sequentially. Each part was looked at with the following guiding theories as a framework.

5.5.1 CRT & Orientalism

The guidelines will be metaphorically ‘combed’ so as to ascertain the level in which a white heterosexual understanding of gender and sexuality is present within the material. The research will look at the stereotypes used within the material. The level of complexity used to talk about certain sexualities and gender identities will be compared and evaluated. Furthermore, the discussion of the cultures that the immigrants come from will be analysed, to evaluate the type of language used to describe them. This will be done using the lens of CRT as well as Orientalism. This will be partly done by comparing it to the language used when talking about the ‘West’, so as to see if there is a difference in the general lexicon used.

5.5.2 Absence and presence

Gender and sexuality Identities that are not mentioned within the guidelines will be acknowledged within the research as having been omitted. This will then be discussed as to how that fits into the white heterosexual bias.

5.5.3 Gender Binary

Within the document, the way in which gender is discussed as well as used will be analysed. Due to scope and space limitations only three specific sections are discussed within this thesis in regards to gender binary findings. The examples found are limited to the “Key Terms” on pages 2-3; the section on “interviewing transgender applicants” on pages 8-9; and finally the section titled “assessing bisexual applicants” on page 14. The use of pronouns within the guidelines will be critically analysed to see if a binary understanding of gender is present even within the context of a document on LGBT+. Additionally the use of the terms

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gender, gender expression and gender identity are critically analysed within the guidelines. Furthermore the use of ‘male’ and ‘female’ within the guidelines will be analysed to see if it insinuates that those are the only two available options for gender identities.

5.5.4 Image analysis

One of the images analysed does include words, which will also be analysed using CDA with a CRT lens. However the images cannot just be analysed through their use and choice of words, as they also include imagery data. Thus the general image will be analysed to see the white heterosexual message that it conveys through their use of symbols and signals. Once again due to space and scope limitations I will focus on two images in the presentation (pages 27 and 48).

5.5.5 Internal contradictions

This research will also look at internal contradictions that are present. This includes contradictions between the different materials that are given to the operatives, such as the guidelines and the images in the presentation. I will also search for instances of contradiction on different aspects of gender identity and sexuality between different sections of the

guidelines.

6. Analysis:

I have broken up the analysis into three main parts. The first is finding examples of white heterosexual bias within the guidelines, in the form of stereotypes, Western superiority, as well as ‘absence’ and ‘presence’. The first part also includes a small section on an internal contradiction within the guidelines. The second part will look at examples of a gender binary understanding within specific sections of the guidelines. The third and final section will be an analysis of the images used in the training presentation. Within the findings I will also discuss how they relate to the theories and literature previously mentioned within the ‘Theoretical background’ section of this thesis. Due to the intersectional nature of gender, race and sexuality, there will be mentions of some topics in different parts of the analysis that might not have the explicit subheading associated with it. Such as mentioning of Orientalism in a section that mainly discusses the gender binary.

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6.1.1 ‘Western superiority’

Examples of discourse used in a way that insinuates Western, and thus Australian, superiority over the migrants can be found throughout the guidelines. One such example is in the following quote “LGBTI applicants who have grown up in oppressive environments may come to a realisation about their sexual orientation or gender identity later in life than may be common in Western countries.” (DIBP, 2017a, p.13). This statement pushes the narrative of other countries outside of the West being backwards compared to the liberated gays in the West, thus providing a clear example of Heimer’s discussion on how Western queers are painted as “liberated” compared to the “racialised sexual others to be problematically

portrayed as discreet” (2020, p. 184). This promotes the Oriental vs Occident dichotomy that emerges from this categorisation of the West being more “liberated” (Heimer, 2020, p. 184).

The quote also devalues the experience of self-realisations for LGBT+ people within the West, by insinuating that it is a significantly easier and smoother process for them. Furthermore, it puts a very linear and binary understanding of self-realisation, which pushes the white heterosexual assumption of either you know or you do not know. In actuality it might be a much more nuanced and complicated journey, with realisations, and then suppressions, and then realisations about part of one’s identity and so forth. But if we use Judith Butler’s theory that Heimer discusses, the assumption that the West is so superior over supposedly backward, traditional, and homophobic political-migrant sending communities, can be partially explained by the recent rise in tolerance of different sexualities, as well as gender rights (2020, p. 178). However, this does not exempt the so called West from assuming that all Western queers face no source of homophobia.

Another quote from the guidelines, that suggests that LGBT+ within Australia have no negative cultural experiences in terms of homophobia compared to the backwards ‘other’ countries, can be found within the “terminology’” section. Where it states:

“Some gay or lesbian applicants may use derogatory terms about themselves as these may be the only words available in their language […] Use of derogatory terms may also be a result of internalised homophobia caused by growing up in a homophobic culture or in a country in which being gay or lesbian is illegal.” (DIBP, 2017a, p.6)

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This quote indirectly suggests that internalised homophobia does not occur within people raised in Australia, as if there are no forms of homophobia present in the culture, just because being gay or lesbian is legal. In actuality there are many other reasons that people could have internalised homophobia outside of the state of legality for their sexual identity, such as media representation or language used against them.

The fact that not just one, but multiple instances of white heterosexual bias were found, in the form of Western superiority, gives indication that Edward Said’s theories on Orientalism hold merit. As Said talks about how the West would systematically portray the West as superior and more civilised compared to the “other” (1978). This thesis has no means of answering whether or not the guidelines are following that portrayal and bias on purpose, but that examples of it were found, even if done without a specific white and Western superiority agenda in mind, gives indication that the Western superiority line of thinking played some role in the creation of the guidelines.

6.1.2 Absence and Presence

Using the theories Jacques Derrida and Marguerite Porete discuss on “absence” and “presence”, it was interesting to observe some terms that were omitted, as according to them an absence can also be a form of presence (Lichtman, 1998, p.214). Even though the term “heterosexual” was present, there was no mention, not just in the key terms, but also

anywhere in the guidelines of the term ‘cisgender’. If one is processing claimants on the basis of them being transgender, this seems like a glaringly obvious piece of necessary

terminology. Just by looking at the document, one cannot assume why this term was not mentioned once. The use of CRT, however, makes it possible to suggest that it was partly due to cisgender being seen as such a default that it was not deemed necessary to even mention, as it is the ‘abnormalities’ such as trangender that need to be explained. By approaching the findings using Derrida and Porete’s theories on absence and presence as a form of power play, in conjunction with Luibhéids discussion on the “normal” and the “abnormal” it shows the white heterosexual bias within the lack of a definition for ‘cisgender’ (Lichtman, 1998, p.214; Luibhéid, 2008, p.171). The omission of ‘cisgender’ paints it as being so ‘normal’ that it does not even need an explanation, whilst the ‘abnormal’ “transgender” identity is so “queer” and “deviant” that it needed to be included in case the reader would not understand what it means.

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Other absences included the lack of mentions of non-binary or other non-conforming forms of gender identity. Within the Key terms section there is talk of sexual and gender non conformity, which is described as “Persons whose sexual practices, attractions and/or gender expression are different from the societal expectations based on their assigned sex at birth.” (DIBP, 2017a, p.3). The use of the phrase “societal expectations” makes this a very broad definition that can most likely apply to everyone at some point in their lives. It could be something like the length of one’s hair, or the job one has or the clothes that one wears, or the way one talks as well as many other gendered “societal expectations”. This definition

therefore fails to give an explicit indication or mention of non-binary people, as well as other forms of non-conforming forms of gender identity.

Additionally, the lack of any discussion about asexuality is something that is notable. Asexuality still fits under the LGBT+ umbrella term. And asexual people can most definitely be in a place of danger, such as the possibility of being victims of “corrective rape” (Sheeran, 2015, p.36). The asexual person could also face severe pressure from their community to consummate a marriage, or to bear children. But from a white heterosexual bias, sex is a given, therefore, it can be argued that asexual people are not seen as a valid group of people worthy of protection.

6.1.3 Stereotype

The instructions in the guidelines about assessing gay men starts off with the

following statement “Gay men are often more publicly visible than other LGBTI groups and can be subjected to homophobia.” (DIBP, 2017a, p.14) This is a very bold claim, with no definitive means of proof. Using a CRT lens, this line pushes the white heterosexual stereotype that being gay is a visible characteristic, which has no ground in evidence. That line of thinking, is dangerous as it can promote the problems that Pamella Hellar talks about with the concept of “reverse covering” (2009, p.296). If the guidelines are insinuating that being gay is visible, even if it applies just to the specific group of gay men within LGBT+, then it can lead to asylum-seekers being forced into “emphasizing traits based on stereotypes of sexual minorities”to try and prove their case, because if they are not ‘visibly’ queer then their case might be less believed. (Heller, 2009, p.295). Furthermore, the statement reflects Morgan’s concern that the reliance on “physical stereotypes to determine if an applicant is gay” can lead to difficulties for some migrants who do not identify with those stereotypical

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physical gesticulations and mannerisms struggling with getting their application approved (2006, p.156).

Additionally, the statement invalidates all other LGBT+ people by insinuating that they face less of a danger of being subjected to homophobia than gay men. This focus on gay men over other LGBT+ identities is not just limited to the guidelines; as mentioned

previously within the ‘Motivation’ there is criticism of the field of queer migration doing the same thing (Dustin, 2018, p.106). For this reason it was really important for me to not only discuss gay men within this research, but that even when discussing them, to see how the guidelines have a bias against other LGBT+ identities through their word choices for gay men. This white heterosexual claim of gay men being more visible than other LGBT+ ties into Dustin’s claim about trans migrants often filing under homosexuality rather than being trans, because of the Western reliance on the stereotype of the “single (gay, male) model of sexual minority identity”(2018, p.119).

This section on assessing gay men also inadvertently reaffirms homophobic stereotypes when it states:

“Officers must not make assumptions about how gay men appear or behave, and should particularly avoid common stereotypes about the number or frequency of sexual partners, or attach significance to whether or not the applicant appears, for example, effeminate.” (DIBP, 2017a, p.14)

On one hand it is understandable why they are mentioning the stereotypes that should be avoided. Although, by mentioning and acknowledging them the guidelines give these stereotypes some form of power. Through the use of ‘presence’ of the stereotypes, a white heteronormative understanding of gay men stereotypes is pushed into the guidelines.

6.1.4 Internal Contradictions

Within the section on assessment there is more detail about how to assess applicants. Under the subsection for “Assessing claims relating to sexual orientation and gender identity” it has the following statements, which shows a level of self-contradiction. It states:

“Additionally, sexual orientation and gender identity are not necessarily fixed and can evolve over time. The presence of any of these factors does not mean the applicant is not gay, lesbian or bisexual, as social pressures may have forced them to conform to cultural norms.” (DIBP, 2017a, p.13)

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The first sentence mentions how sexual orientation and gender identity is not fixed and can evolve. However, the second sentence then goes on to be explicit about which categories exist within this white heteronormative understanding of sexuality, “gay, lesbian or bisexual” disregarding all other forms of sexuality.

6.2 Binary understanding of Gender

For my analysis into examples of Binary understanding of gender within the guidelines, due to scope limitations, I focused only on three specific sections. The first section was the Key term definitions provided at the start of the guidelines (page2-4). The second section analysed was on “interviewing transgender applicants” (page 8-9). The third and final section is on the assessment of “bisexual applicants” (page 14).

6.2.1 “Key Terms” (page 2-3)

The first section that will be analysed is the “Key Terms” section in the beginning of the guidelines. This section gives an overview of LGBTI+ terms that may be used, with a short description of what they mean.

For the term “gender” part of the description is as follows, “Gender is the societal expression of being male or female.”(DIBP, 2017a, p.2). This is a binary way of looking at gender, where there are only two genders, and you are either one or the other. As Hinger theorises, this rigid conception of gender minimises the acknowledgment of complexity between cases, as well as making it harder for individual asylum claimants to fit themselves in the hard established categories (2010, para.2). This explanation omits other forms of gender identities such as non-binary, or agender as well as other. I felt it important to give notice to and showcase my findings on genders that did not fit into the white heterosexual gender binary, even if that finding was that they were omitted. This was partly so as to play my part in rectifying Rocia Garcia’s qualm with migration studies needing to do more research with a non-binary understanding of gender (2018, p.16).

The use of the term “societal expression” within the quote contradicts the next term in the list, which is “Gender Identity”. Through the use of “societal expression” it insinuates that one can only be the gender that you show society. Therefore if, for example, someone who is trans does not change their appearance to fit their gender identity, then their gender is still the one that everyone ‘sees’. This understanding of gender turns it into a performative form of identity, rather than the internal understanding of it. This contradicts the description

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used for the term Gender Identity, which states that “Gender identity is each person’s internal experience of gender that may or may not correspond with their sex at birth.” (DIBP, 2017a, p.2).

According to the Key Terms “An intersex person may identify as male or female” (DIBP, 2017a, p.3), which once again uses a very heteronormative binary understanding of gender. This goes in line with Hinger’s theory about how, through the desire for establishing clear characteristics of LGBT+ personnel, guidelines create a limited “narrative of how identity is shaped and operates within culture”, which results in a “particular, Western characterization of queer identity”(2010, para.3). This type of categorisation of gender has been contested within the intersex community. In the Australian context, there has been opposition to the current legal classifications of sex and gender. The Darlington statement, which was a joint consensus statement from the intersex community retreat in Darlington, made, as well as other things, the following request: “Individuals able to consent should be able to choose between female (F), male (M), non-binary, alternative gender markers, or multiple options.” (IHRA, 2017, p 4).

Another explicit suggestion of the binary understanding of gender appears in the first sentence of the explanation for the term Homosexual. The first sentence is as follows, “A homosexual person is one who is attracted primarily to members of the same sex and can apply to both men and women” (DIBP, 2017a, p.3). Aside from the mention of only men and women as an option, the use of “sex” is trans exclusionary. Using this definition, a pre-transition trans woman who is only attracted to other women would not fit the above

description as a homosexual. For the trans woman’s “sex” is not the same as the woman she is attracted to, that is if the other woman’s “sex” is female. Therefore this definition erases that sexual identity. A similar trans exclusionary use of the word “sex” can be found in the last sentence of the explanation for the term ‘gay’. Whereby it explains how “The term ‘gay’ is used in these guidelines to refer to men attracted primarily to members of the same sex.” (DIBP, 2017a, p.2) Which puts homosexual transgender men who have not transitioned in the position of having their sexual identity being made redundant.

This issue can be easily rectified, by the simple replacement of the word “sex” with “gender”, thus not erasing people’s sexual orientation due to the white heteronormative presupposition that biological anatomy is equivalent to gender identity. This is not to say that the guidelines make that claim outright, in fact the opposite is true. There are instances where

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it is mentioned that someone might “change their sex to more fully match their gender

identity” thus acknowledging that they are not the same (DIBP< 2017a, p.2). However, a lack of attention to detail can still cause misunderstanding, and thus oppression, to certain groups.

6.2.2“Interviewing Transgender applicants” (page 9-10)

Within the section titled “Interviewing transgender applicants” there is once again a very binary understanding of gender. For example it states that a possible suggestion for a question to ask applicants is “whether they were raised male or female” (DIBP, 2017a, p.8). This question suggestion makes a lot of assumptions. One of them is that, once again there are only two possible genders, which is a white heteronormative way of looking at gender. The assumption is an example of a stereotype about LGBT+ contradicting a racist stereotype (Morgan, 2006, p.149).There are many cultures that have different understandings of gender, such as the Indian hijras who are raised as “An alternative gender role in India conceptualized as neither man nor woman” (Nanda & Warms, 2014, p.180).

Even if the person was raised in a culture with a binary understanding of gender the phrase “raised male or female” is supposedly aimed to help determine the sex of the

applicant, but it also puts an Orientalist assumption that the applicant was raised in an environment that did not accept their gender identity. This type of assumption is unfounded, for an applicant might have been raised with parents that were very welcoming of their gender identity, but then they passed away, or the danger they face is from an ex-partner outing them to their friends. Therefore, that assumption comes from a Western perspective of the ‘other’ being very backwards and traditionalist and not allowing the individual to have any form of gender self-expression during their upbringing.

Additionally, this section suggests enquiring “whether the applicant plans to transition, or continue transitioning, in the future.” (DIBP, 2017a, p.8). That line of

questioning could put a lot of pressure on an applicant that might not have a definitive answer yet. Furthermore, this question is asking about the future, which in a case on protection from running away from the past, seems irrelevant, as well as an overstep of privacy.

6.2.3“Assessing bisexual applicants” (page 14)

The section for assessing bisexual applicants involves once again a binary

understanding of sex and gender, as well as being trans exclusionary. Within this section there is constant binary use of sex, such as the use of the phrases “both sexes”, “either sex” as

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well as “opposite sex” (DIBP, 2017a, p.14). This use of wording that only allows room for two sexes does not allow any identification for sexes that are even explicitly mentioned within the guidelines, such as intersex. By only mentioning identities such as intersex within the specific context of talking about them, but never mentioning them outside of that context, it disregards their identity as valid outside of the specific moments where they are discussed. They are thus not allowed to be a part of the white heteronormative ‘norm’, and instead are treated as more of a footnote.

Furthermore, the constant use of sex rather than gender within this section is exclusionary to trans people. For example within the following section:

“There are many manifestations of bisexuality, for example, some people might be attracted to the same sex or opposite sex at different times in their life, while other people might consistently be attracted to people of either sex, and it can vary for an individual at different times.” (DIBP, 2017a, p.14)

The use of sex rather than gender erases trans people’s identity from this explanation. For, according to this explanation, a cisgendered man who has a preference for men would focus on the male sex, rather than the male gender. Meaning that a trans male who might not have had sex reassignment surgery would be considered a woman according to this quote, thus erasing their gender identity. Using CRT one can ascertain that this explanation has been formulated by cis cultural beliefs that discriminates against trans migrants.

6.3 Image analysis

6.3.1 Image 1 (page 48)

The topic of transgender representation within this document brings me to the first image that will be looked at in this thesis. The image below is used in the presentation given in the training for the people who will process the applicants and conduct the interviews.

Restructured heteronormativity : An analysis of Australian Immigration guidelines for assessing LGBT+ asylum seekers