Levelling the odds of LGBTIQ+ asylum seekers: the interaction of legal representation and credibility in asylum appeals in Switzerland

Author(s) : Mathis Schnell, Jonathan Miaz

Source : https://doi.org/10.1332/25151088Y2025D000000108

Abstract:

This article concerns the interplay of legal representation with credibility and how it affects LGBTIQ+ asylum seekers’ appeal cases in court. We argue that (quality) legal representation increases the likelihood of a positive decision and that these effects are even more pronounced for sexual orientation and gender identity (SOGI)-related claims. Using a data set of 44,406 Swiss appeal case files from 2007 to 2023, we run regressions and confirm these hypotheses. We then assess the expected heightened role of credibility in SOGI-related cases. We show how legal representation and SOGI positively correlate with the presence of credibility-related terms in the case files. This study shows that legal representation with specific expertise in SOGI-related cases increases the probability of a positive decision at the appeal level. Specialised legal representatives are key intermediaries in shaping access to protection. These results raise political questions about justice in the asylum system.