Marginalisation of bisexual asylum seekers: a discourse analysis of Swedish case law

Abstract: Bisexual individuals are often construed as ‘half homosexuals’, and thus seen as less vulnerable to sexual minority intolerance and persecution. According to bisexuality scholars, however, bisexual individuals are subjected to double discrimination, as they are marginalised both by the heteronormative society and the homosexual minority group. Yoshino (2000) offers the theory of the epistemic contract of bisexual erasure, according to which heterosexuals and homosexuals erase bisexuals on a class level, individual level, or through delegitimating language and representations. Yoshino’s theory has, for example, been employed to explain why bisexual individuals seem particularly vulnerable in refugee determination contexts. Previous research suggests that bisexual asylum seekers have reduced chances of being granted refugee status protection, which further implies that they are highly exposed to both discrimination and persecution. In this thesis, a discourse analysis was conducted to analyse if, how, and to what extent the three strategies of bisexual erasure are present in Swedish case law on sexual orientation asylum. Combining a quantitative content analysis and a qualitative text analysis, the thesis shows that the Swedish migration authorities construe bisexuality as an insubstantial subcategory of homosexuality. Furthermore, the analysis found that asylum seekers with an ascribed or implied bisexual identity tend to be re-interpreted as monosexuals, and may also be represented through negative stereotypes. All three erasure strategies were thus present in the Swedish refugee case law. The findings imply that bisexual marginalisation has considerable inter-contextual and temporal durability in asylum settings, and that the phenomenon is deeply ingrained in Sweden’s government institutions and normative structures. This study thus suggests that a profound re-examination and rectification of Sweden’s national heteronormativity is needed, in order to grant a more fair treatment of bisexual asylum seekers.