A Monitoring Guide 119 tion facilities. Because of intersecting factors stemming from both their migration status and their sexual orientation or gender identity, LGBTI persons held in immigration detention settings are particularly vulnerable to abuse. The discrimination and violence they faced at home are frequently the reasons that forced them to migrate and that, in turn, can lead to additional forms of abuse in the countries of transit and destination, particularly when they are subjected to measures of deprivation of liberty. Immigration detention facilities should therefore be regularly monitored by independent oversight bodies. 1. Access to asylum and non-refoulement Yogyakarta Principles on the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity “Everyone has the right to seek and enjoy in other countries asylum from persecution, including persecution related to sexual orientation or gender identity. A State may not remove, expel or extradite a person to any State where that person may face a well-founded fear of torture, persecution, or any other form of cruel, inhuman or degrading treatment or punishment, on the basis of sexual orientation or gender identity. States shall: A Review, amend and enact legislation to ensure that a well-founded fear of persecution on the basis of sexual orientation or gender identity is accepted as a ground for the recognition of refugee status and asylum; B Ensure that no policy or practice discriminates against asylum seekers on the basis of sexual orientation or gender identity; C Ensure that no person is removed, expelled or extradited to any Sta- te where that person may face a well-founded fear of torture, persecution, or any other form of cruel, inhuman or degrading treatment or punishment, on the basis of that person’s sexual orientation or gender identity; […] Chapter V Principle 23. The Right to seek Asylum