Fortress Europe: the new pact on migration and asylum will further deteriorate chances for LGBTQ+ refugees

June 28, 2026

The European Union's new Pact on Migration and Asylum, which took effect in June 2026, has made it significantly harder for LGBTQ+ refugees from Russia to obtain protection in Europe. The legislation introduces accelerated border procedures and a "safe third country" concept that allows EU nations to reject asylum applications if refugees traveled through certain designated countries where they theoretically could have sought protection. This creates particular dangers for Russian LGBTQ+ refugees, who are fleeing increasingly severe anti-queer laws passed between 2022 and 2024 that banned LGBTQ+ expression, criminalized gender-affirming care, and labeled the LGBTQ+ movement as extremist.

Who is affected

LGBTQ+ refugees from Russia seeking asylum in the European Union
Trans people in Russia cut off from medical care
Several people facing trial in Orenburg for "LGBT extremism" (facing up to ten years in prison for working at a gay club)
LGBTQ+ activists forced to leave Russia
Russian asylum seekers in general (8,000 made claims in Germany in 2024)
Human rights defenders and NGOs helping asylum seekers (such as SK SOS)
LGBTQ+ people in North Caucasus countries

What action is being taken

Germany's Federal Office for Migration and Refugees (BAMF) is processing asylum claims from Russian refugees (granted 414, rejected 3,652, and put 4,000 on hold in 2024)
The first criminal case for "LGBT extremism" is currently being heard in Orenburg
The new Pact on Migration and Asylum is handling more cases directly at external borders and airports
EU countries are creating safe third country lists based on bilateral agreements
Support groups are reporting a sharp increase in requests for psychological, legal, and practical help

Why it matters

This legislation represents a critical threat to vulnerable LGBTQ+ people fleeing persecution in Russia, where they face potential criminal prosecution, denial of healthcare, and imprisonment simply for existing openly. The accelerated procedures and border detention make it harder for refugees to prepare complex cases and provide adequate evidence of persecution, while the "safe third country" provision could force them back to countries that also criminalize or persecute LGBTQ+ individuals. The new rules fundamentally undermine the principle of individual assessment and create barriers to protection for people facing documented, life-threatening persecution based on their sexual orientation or gender identity.

What's next

Asylum seekers are strongly advised to have reliable evidence of persecution in their home country and clear explanations of why transit countries cannot be considered safe for them
The quality of evidence, legal representation, and ability to present claims effectively will become even more important under accelerated procedures
An as-yet-unannounced list of "safe third countries" is expected to be revealed, which poses the main risk for Russian LGBTQ+ refugees

Read full article from source: Global Voices