Non-binary person granted asylum in first-of-its-kind ruling

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01/05/2021

A non-binary person from El Salvador has been granted asylum in the UK in a first-of-its-kind ruling. Arthur Britney Joestar, 29, identified as a gay man when they arrived in the UK in October 2017 but came to identify as non-binary – i.e. neither a man nor a woman – after settling in Liverpool. The First-Tier Tribunal rejected their claim for asylum on the basis of sexuality in November 2018 and on the basis of non-binary identity in February 2020, but the latter decision has now been overturned. The Upper Tribunal (Immigration and Asylum Chamber) noted that Mx Joestar’s “whole identity had fundamentally changed” in the “relative safety of the United Kingdom” and that they were “extremely frightened about continuing [to live as a non-binary person] should they be asked to return home”.

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