Trauma-informed legal practice is essential for LGBTQI+ refugees

Every refugee carries a degree of trauma from the danger they have escaped. For LGBTQI+ refugees, this trauma is compounded by additional challenges when seeking asylum in Australia. From state persecution and rejection from family members to the harm and distress experienced within the Australian immigration system, queer people face many barriers on the way to safety.

At RACS, our trauma-informed legal practice recognises that people’s experiences of displacement are shaped by identity. This is especially true for LGBTQI+ individuals, whose survival depends not only on fleeing danger but also on navigating a protection process that often fails to see them for who they truly are.

We have adopted a trauma-informed approach across all of our casework, and creating the LGBTQI+ Safety Program as a dedicated service improves our ability to cater to the unique needs of queer refugees.

You can download RACS’s free guide on trauma-informed legal practice here.

Unique trauma experienced by queer refugees

LGBTQI+ people seeking asylum are fleeing violence not only because of war, politics, or religion but because of who they are. In many cases, they have faced lifelong abuse from their families, communities, and governments simply for being queer. More than 70 countries still criminalise people who identify as queer, with punishments ranging from prison sentences to death penalties.

In countries where being LGBTQI+ is seen as shameful, forced secrecy becomes a survival mechanism. Many queer asylum seekers arrive in Australia having hidden their identities for years, or never having spoken about it before.

Trudi*, a transgender woman from Southeast Asia fled to Australia seeking gender-affirming healthcare and safety. Her application was denied without an interview or chance to respond, claiming she had not experienced past harm due to her gender identity. This overlooked the fact that Trudi had to present as male in her home country to avoid harm.

Others carry the trauma of conversion therapy, sexual violence, or corrective rape used as tools to punish or change them. For trans and gender diverse individuals, these traumas are compounded by social rejection, lack of healthcare, and gender-based violence. Accessing medical care or even legal documents in their country may have been impossible.

However, their arrival in Australia does not mean an end to their trauma.

Harm in the protection process

The refugee protection process in Australia is built on evidence, credibility and proof. But for LGBTQI+ people, proving their identity is often impossible or re-traumatising.

Queer asylum seekers are frequently disbelieved, especially if they cannot prove their sexuality or gender identity in the way a legal system might expect. Decision makers may hold narrow ideas of how an LGBTQI+ person should act, dress, or speak. For example, applicants have been denied protection because they were in heterosexual marriages (often forced) or had children, or because they lacked “enough” queer friends or community involvement. This disbelief is not only humiliating but it is dangerous. It ignores the reality that many queer people survive by hiding their identity, and that disclosure often comes with immense psychological consequences.

Amy, a transgender woman from the Middle East, fled after facing significant persecution based on her identity. Her story shows how even after reaching Australia, queer people seeking asylum can be placed in unsafe and unsupportive situations. In Australia, she couldn’t afford private housing and moved into a women’s only hostel. After a few nights, she felt unsafe when other residents appeared suspicious of her being transgender. Amy had a visitor visa that did not allow her to work or to access crisis accommodation, leaving her in a frightening position while she waited for her protection claim to be processed.

In detention, these risks are heightened. LGBTQI+ people are particularly vulnerable to violence, isolation, and harassment sometimes from other detainees, and sometimes from staff. Trans people may be misgendered, denied access to gender-affirming care, or placed in facilities that do not align with their gender identity.

Trauma-informed practice: meeting people where they are

Trauma-informed legal practice starts from a place of safety. It recognises that clients are experts in their own lives, and that our role is not to interrogate but to support, to listen, and to advocate.

For LGBTQI+ clients, this means:

• Building trust: Many queer refugees have experienced betrayal and rejection when coming out, even to people they trusted. Legal practitioners must create space for clients to share their story at their own pace, without pressure or judgment.

• Cultural humility: LGBTQI+ identities are not expressed the same way across cultures. Practitioners must unlearn Western centric ideas about queerness and allow clients to define themselves in their own words.

• Avoiding re-traumatisation: Repeatedly asking clients to relive traumatic events especially those involving sexual violence or family rejection can cause significant harm. Where possible, use existing documentation and avoid unnecessary probing.

• Creating affirming environments: From the pronouns we use to the questions we ask, every interaction sends a message. Queer clients should never feel like they need to prove their identity to be believed.

Queer people seeking asylum are not just seeking safety – they are seeking dignity, validation, and freedom. Legal systems can be hostile and alienating. But trauma-informed legal practice changes that. It re-humanises the law. It acknowledges pain, while building pathways to healing. LGBTQI+ clients deserve legal practitioners who understand the courage it takes to speak about who they are. They deserve systems that don’t just protect them from danger but welcome them with care.

Resources for people working with LGBTQI+ refugees

At RACS, we believe in a world where all people regardless of who they are or who they love have access to justice that is safe, affirming, and empowering.

That’s why we created the RACS LGBTQI+ Toolkit. This resource provides comprehensive guidance on working with LGBTQI+ refugees.

Additionally, our Trauma-Informed Legal Practice Guide is for legal practitioners working more broadly with people from refugee backgrounds. It includes practical guidance on supporting LGBTQI+ clients with compassion, humility, and respect.

This article was written by Berthe Teslo.

Read more from RACS about trauma-informed legal practice in the context of refugee women at risk and immigration detention.