It is precisely when country conditions appear safe on paper that LGBT refugee decisions are most complex and the safety net of an appeal is crucial. A life or death decision should never rest in one person's hands. The safe list was proposed to deal efficiently with surges in unfounded claims, yet countries like the U.K. that have a list do not necessarily have a more efficient system.
Our brief outlines more efficient measures aligned with UNHCR guidelines. If a designated list is kept, it must not deny right of appeal, and the criteria must include meaningful safety and viable state protection for LGBT people and other vulnerable groups. For example, have constitutional protections for sexuality and gender identity been put in place at an operational level? What protection resources are available, in practice, to people who face sexual or gender identity persecution?