The project examines the role of human rights and ‘discretion’ reasoning in sexuality-based asylum claims. Applying the concept of act/identity dichotomy, it investigates the ways in which human rights are drawn on and applied in refugee status determinations in Germany, France and Spain. The aim is to deconstruct exclusionary conceptions of identity and group membership in refugee status determinations. By drawing on queer theory, human rights literature and case law, it seeks to contribute toward a more inclusive approach to sexuality-based claims, but also those based on religion or political opinion.