Are you really gay enough to be a refugee? | Atralian Women's History NetworkAtralian Women's History Network

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• NEWS HOME NEWS LOOKG INTO: ATRALIA’S APPROACH TO LGBTIQ ASYLUM SEEKERS AND REFUGE GO BACK TO NEWSLOOKG INTO: ATRALIA’S APPROACH TO LGBTIQ ASYLUM SEEKERS AND REFUGEPUBLISHED 02 JUL 2017BY JASME DAWSONDARW BELL/ FLICKRTHE TREATMENT OF LBIAN, GAY, BISEXUAL, TRANSGENR, TERSEX, AND QUEER (LGBTIQ) ASYLUM SEEKERS AND REFUGE WHO SEEK ASYLUM ATRALIA IS OFTEN DISCRIMATORY AND PERSECUTORY. WH 75 UNTRI STILL CRIMALISG SAME-SEX ACTS, PEOPLE FLEEG PERSECUTN BEE THEY ARE LGBTIQ E OM ALL RNERS OF THE GLOBE. THEY ATTEMPT TO ARRIVE TO ATRALIA BY PERILO JOURNEY AT SEA, OR REGULARLY ARRIVE ON TOURIST, STUNT, OR WORKG VISAS. LGBTIQ REFUGE SEEK SAFETY ATRALIA, YET OUR POLICI AND PRACTIC REPRENT A HYPOCRIL ATTU TOWARD LGBTIQ RIGHTS.WHILE THOSE ATRALIA WH CIZENSHIP N ENJOY THE PROTECTN OF WORLD CLASS ANTI-DISCRIMATN LEGISLATN, WE ACTIVELY SEND LGBTIQ ASYLUM SEEKERS TO PLAC WHERE THEY ARE LIKELY TO BE PERSECUTED, AS WELL AS ROUTELY VLATE THE RIGHTS OF THOSE WHO MAKE CLAIMS ON-SHORE.[1]OFFSHORE DETENTNON 18 OCTOBER 2016, THE HEAD OF IMMIGRATN MIKE PEZZULLO STATED A SENATE TIMAT HEARG THAT WAS ‘NO NCERN’ OF ATRALIA’S THAT GAY REFUGE WERE BEG TAED PAPUA NEW GUEA (PNG), WHERE SAME-SEX ACTS BETWEEN MEN N LEAD TO IMPRISONMENT OF 14 YEARS. PEZZULLO STATED THAT “WE HAVE ENOUGH ON OUR PLATE” AND THAT THE ATRALIAN ERNMENT WASN’T OBLIGATED TO VTIGATE WHETHER SAME-SEX ATTRACTED REFUGE FACED PERSECUTN PNG. SUCH A NONCHALANT APPROACH TO THE HARM AND FEAR FACED BY SAME-SEX ATTRACTED REFUGE PNG AND N IS CREDIBLY DISAPPOTG GIVEN THAT THE ATRALIAN PUBLIC HAS KNOWN OF SAME-SEX ATTRACTED REFUGE PNG SCE AT LEAST 2013. IN AMNTY INTERNATNAL’S REPORT ‘THIS IS BREAKG PEOPLE’, FOR EXAMPLE, WAS REPORTED THAT RENATE CROCKER, THE MOST SENR ATRALIAN IMMIGRATN OFFICIAL ON MAN AT THE TIME, HAD TOLD REFUGE ON MAN THAT STANC OF SAME-SEX ACTS THE TENTN CENTRE ULD BE REPORTED TO THE LOL POLICE.SIARLY, WHILE N CRIMALISED SAME-SEX ACTS BETWEEN MEN 2016, WE KNOW OF AT LEAST ONE IRANIAN UPLE WHO HAVE BEEN ATTACKED BOTH TENTN AND MUNY BEE OF THEIR SEXUALY. THE UPLE, NIMA AND ASHKAN, WERE TOLD BY ATRALIAN ERNMENT REPRENTATIV BEFORE THEIR RELEASE 2014 TO HI THEIR SEXUALY TO ENSURE THEIR OWN SAFETY N. THIS IS DIRECT NTRADICTN WH ATRALIA’S OWN GUIDANCE, AS WELL AS UN GUIDANCE, WHICH PROVIS THAT A REFUGEE SHOULD NEVER BE REQUIRED TO BE ‘DISCREET’ OR HI THEIR SEXUAL ORIENTATN OR GENR INTY ORR TO SECURE THEIR OWN PROTECTN. THIS WAS NFIRMED THE FLUENTIAL UNED KGDOM 2010 SE OF HJ (IRAN) AND HT (CAMEROON) WHERE LORD ROGER HELD,…SO FAR AS THE SOCIAL GROUP OF GAY PEOPLE IS NCERNED, THE UNRLYG RATNALE OF THE CONVENTN IS THAT THEY SHOULD BE ABLE TO LIVE EELY AND OPENLY AS GAY MEN AND LBIAN WOMEN, WHOUT FEARG THAT THEY MAY SUGGT HARM OF THE REQUISE TENSY OR DURATN BEE THEY ARE GAY OR LBIAN. THE HOME STATE SHOULD PROTECT THEM AND SO ENABLE THEM TO LIVE THAT WAY.EVINCE IS SRCE ON THE EXPERIENC OF LGBTIQ PEOPLE TENTN ATRALIA. RECENTLY, THE UK LBIAN AND GAY IMMIGRATN GROUP (UKLGIG) RELEASED THEIR REPORT NO SAFE REFUGE WHICH FOUND THATLGBT ASYLUM SEEKERS ARE PARTICULARLY VULNERABLE IMMIGRATN TENTN AND FACE SIGNIFINT DISADVANTAG AND DANGERS. IN TENTN THEY EXPERIENCE DISCRIMATN, HARASSMENT AND VLENCE OM OTHER TAE AND OM MEMBERS OF STAFF. THE TENTN ENVIRONMENT HAS SER LONG-TERM EFFECTS ON THEIR MENTAL AND PHYSIL WELL-BEG.WHETHER STAFF ATRALIAN TENTN CENTR ARE AQUATELY TRAED ON THE CREASED VULNERABILI AND HARM FACED BY LGBTIQ PEOPLE TENTN IS UNKNOWN, BUT ALSO, UNLIKELY.THE ASYLUM PROCSMISTREATMENT OF LGBTIQ REFUGE IS SADLY NOT RTRICTED TO THEIR EXPERIENCE TENTN. THERE ARE NUMERO EXAMPL RECENT YEARS OF SEXUALLY EXPLIC AND STEREOTYPIL L OF QUTNG TRIBUNAL AND URTS TO ASCERTA THE CREDIBILY OF NON-HETEROSEXUAL ASYLUM APPLINTS. FOR EXAMPLE, REFUGE HAVE FELT PELLED TO PRODUCE SEXUALLY EXPLIC DOCUMENTATN AND HAVE BEEN ASKED ABOUT THEIR SEXUAL PRACTIC.COMPARABLE JURISDICTNS, SUCH AS THE EU, HAVE DISALLOWED SUCH QUTNG. IN A 2014 SE, THE COURT JTICE OF THE EUROPEAN UNN FOUND THAT AN APPLINT’S RIGHTS TO PRIVACY AND HUMAN DIGNY WOULD BE VLATED WHERE ASSSMENTS OF ASYLUM CLAIMS CLUD THE E OF STEREOTYP, QUTNS ABOUT SEXUAL PRACTIC, REVIEWG OR ACCEPTG SEXUALLY EXPLIC EVINCE, AND DISCREDG AN APPLINT BEE THEY DID NOT SELF-INTIFY AS LGBT AT THE FIRST STANCE.AND YET, THE ELEMENTS STILL APPEAR ATRALIAN CISNS. LIKELY, THIS IS DUE TO THE LACK OF TRAG FOR CISN MAKERS AND IMMIGRATN OFFICIALS, AS WELL AS LIMED GUIDANCE ON SEXUAL ORIENTATN, GENR INTY, AND TERSEX BASED CLAIMS THE MATERIALS PROVID BY ATRALIAN ADMISTRATIVE APPEALS TRIBUNAL (AAT).IT IS STATED BRIEFLY THE MIGRATN AND REFUGEE DIVISN GUIL ON GENR THAT ‘WHEN NDUCTG A HEARG BASED ON SEXUAL ORIENTATN OR GENR INTY, A MEMBER (THE TRIBUNAL CISN MAKER) SHOULD ASK QUTNS RELATN TO THE APPLINT’S REALISATN AND EXPERIENCE OF SEXUAL ORIENTATN OR GENR INTY RATHER THAN QUTNS THAT FOC ON SEXUAL ACTS’. HOWEVER, THE GUIL ON THE ASSSMENT OF CREDIBILY NO LIMATNS ON L OF QUTN ARE PROVID, AND STEAD THE SE OF WAIH V MIMA [2003] IS REFERENCED, WHICH FERAL MAGISTRATE RAPHAEL ENDORS THE NECSY OF ‘EMBARRASSG’ L OF QUTNG SEXUAL ORIENTATN BASED CLAIMS. RAPHAEL FM EXPLAS THAT:[A]NY VTIGATN TO A PERSON’S SEXUAL ORIENTATN IS AN VASIVE AND EMBARRASSG AFFAIR. SEXUAL ORIENTATN IS SENTIALLY A VERY SUBJECTIVE MATTER. IT IS NOT EASILY RENCILED WH THE NOTN OF OBJECTIVE PROOF. BUT WHERE AN APPLINT IS CLAIMG PROTECTN ON THE GROUNDS OF HIS MEMBERSHIP OF THAT SOCIAL GROUP NSTUTED BY HOMOSEXUALS THEN HIS SEXUAL ORIENTATN IS A MATTER UPON WHICH THE MISTER IS REQUIRED TO BE SATISFIED.THIS APPEARS TO ENDORSE RATHER THAN RTRICT L OF QUTNG THAT PARABLE JURISDICTNS MAY NSTUTE FUNDAMENTAL HUMAN RIGHT VLATNS. IN ORR TO PROTECT THE RIGHTS OF LGBTIQ REFUGE DURG THEIR PROCSG, AT THE VERY LEAST THE ERNMENT NEEDS TO VT SPECIFIC AND TAILED GUIL AS THE UK HAS BEGUN TO DO SO, FOR EXAMPLE.THERE ARE MANY STEPS AND POLICY SHIFTS THAT NEED TO BE TAKEN ORR TO PROTECT THE RIGHTS OF LGBTIQ PEOPLE SEEKG ASYLUM ATRALIA, CLUDG TRAG FOR IMMIGRATN STAFF AND CISN MAKERS, THE CSATN OF OFFSHORE TENTN, AND PROVISN OF SERVIC THAT MEET THE PARTICULAR NEEDS OF LGBTIQ ASYLUM SEEKERS AND REFUGE. UNFORTUNATELY, IMPROVEMENTS ARE UNLIKELY WHILE ATRALIA’S BROAR BORR POLICI NTUE TO TIGHTEN AND ENSURE HUMAN RIGHTS VLATNS THE PROCS.ORIGALLY PUBLISHED ASYLUM INSIGHT NOVEMBER 2016NOT[1] THIS PIECE PRIMARILY ADDRSED THE KEY ISSU FACG PEOPLE SEEKG ASYLUM BASED ON THEIR SEXUAL ORIENTATN AND IS IMPORTANT TO NOTE, SPE SOME SHARED EXPERIENC, THE ACUNTS OF NON-HETEROSEXUAL REFUGE ARE NOT TERCHANGEABLE WH GENR DIVERSE, TERSEX, AND OTHER QUEER REFUGE.SIGN UP FOR ATRALIAN OUTLOOK AND AIIA NEWSLETTERS
• THIS IS WHAT 'S LIKE TO BE AN LGBTIQ+ ASYLUM SEEKER ATRALIALGBTIQ+ PEOPLE SEEKG ASYLUM ATRALIA FACE A UNIQUE SET OF CHALLENG AND OFTEN FD THEMSELV ISOLATED A NEW UNTRY, SAY A SUPPORT GROUP WORKG TO CHANGE THAT.TA AND RENEE DIXSON FLED THEIR UNTRY OF BIRTH AFTER RECEIVG THREATS DUE TO THEIR SEXUALY. SOURCE: SUPPLIEDLIKE MANY REFUGE, TA DIXSON AND HER PARTNER RENEE'S CISN TO SEEK ASYLUM ATRALIA WAS A MATTER OF LIFE OR ATH.THE UPLE HAD BEEN WORKG AS LGBTIQ+ ADVOT THEIR HOME UNTRY (THE LOTN OF WHICH THEY ARE UNABLE TO DISCLOSE FOR SAFETY REASONS) AND TERNATNALLY FOR YEARS BEFORE THEY MA THE DIFFICULT CISN TO UPROOT THEIR LIV.“WE HAD ALWAYS EXPERIENCED LOTS OF THREATS AND THGS LIKE THAT BUT AT SOME POT 2012 ... A SERI OF VERY SER EVENTS HAPPENED TO ” SAID MS DIXSON, WHO CHANGED HER NAME WHEN SHE ARRIVED ATRALIA. “AT THAT POT, THE ONLY CHOICE FOR LERALLY TO SURVIVE WAS TO LEAVE THE UNTRY,” SHE TOLD SBS NEWS.READ MOREUGANDAN LGBTIQ+ ACTIVIST MURRED AMID LLS TO REVIVE ATH PENALTY FOR GAY SEXTHE UPLE ARE JT TWO OF A SIGNIFINT GROUP OF ASYLUM SEEKERS ATRALIA FORCED TO LEAVE THEIR HOME UNTRY BEE OF THEIR SEXUALY, MANY OF WHO NVERGED CANBERRA ON THURSDAY AND FRIDAY THIS WEEK FOR A NFERENCE ON THE TERSECTN OF LGBTIQ+ INTY AND FORCED MIGRATN.THE NFERENCE, QUEER DISPLACEMENTS: SEXUALY, MIGRATN AND EXILE, ANISED BY MS DIXSON AND HER PARTNER, VED AMICS, ASYLUM SEEKERS AND POLICYMAKERS TO E TOGETHER AT THE ATRALIAN NATNAL UNIVERSY FOR A “HOLISTIC” DISCSN ABOUT THE BARRIERS REFUGE OM MORY GROUPS FACE.“OFTEN WE TALK ABOUT LGBTIQ+ ASYLUM A VERY SGLE LENS, FOR EXAMPLE WHEN WE TALK ABOUT THE WAR OR THE POSSIBILI OF PERSECUTN, WHILE THERE IS MUCH MORE TO ,” MS DIXSON SAID.IN THE HOP OF UNTERG SOME OF THE ISOLATN AND DISCRIMATN FACED BY LGBTIQ+ ASYLUM SEEKERS AND REFUGE, MS DIXSON CREATED THE QUEER SISTERHOOD PROJECT; A SAFE SPACE FOR QUEER REFUGEE WOMEN TO SUPPORT EACH OTHER.A CROWDFUNDG MPAIGN ANISED BY MS DIXSON AND THE QUEER SISTERHOOD PROJECT RAISED MORE THAN $5,000 TO VER 26 ASYLUM SEEKERS’ TRAVEL EXPENS SO THEY ULD ATTEND THE NFERENCE THIS WEEK.'COMPLEX S'LIKE MS DIXSON, SAM*, A 26-YEAR-OLD TRANS ASYLUM SEEKER OM SOUTH EAST ASIA, SAID THE CISN TO LEAVE HIS UNTRY OF BIRTH WAS A DIFFICULT ONE.“I HAD A VERY STABLE JOB, A GOOD LIFE, I HAVE A VERY HAPPY FAY, BUT HIDG FOR ABOUT SEVEN YEARS MY SEXUALY IS NOT AN EASY POSN TO BE ,” HE SAID. “IT’S REALLY HARD FOR ME TO STAY HERE, I FEEL LONELY, I DON’T HAVE ANYONE AND THERE’S NOT MUCH SUPPORT I N GET HERE.”AFTER ALMOST THREE YEARS ATRALIA, SAM IS STILL WAG FOR HIS PROTECTN VISA APPLITN TO BE APPROVED. DURG THAT TIME HE HAS BEEN UNABLE TO ACCS MENTAL HEALTH SERVIC FOR ALMOST A YEAR.MS DIXSON SAID THE LACK OF SERVIC ADDRSG THE SPECIFIC NEEDS OF LGBTIQ+ ASYLUM SEEKERS IS ONE OF THE BIGGT ISSU FACG THE MUNY.READ MOREUN SLAMS 'HUMAN' BNEI LAW ON STONG FOR ADULTERY, GAY SEX“MOST SERVIC ARE EHER EQUIPPED TO WORK WH YOU AS A LGBT PERSON OR AS A REFUGEE PERSON AND THEY DO NOT UNRSTAND THE PLEXY OF YOUR SE,” SHE SAID.“YOU WOULD GO TO A REFUGEE SERVICE, FOR EXAMPLE, AS A TRANS PERSON AND YOU MIGHT NEED ACCS TO HORMONAL THERAPY, BUT REFUGEE SERVIC DON’T KNOW THAT’S AN ISSUE.”CONCERNS HAVE ALSO BEEN RAISED OVER THE PERSONAL QUTNS LGBTIQ+ ASYLUM SEEKERS ARE FORCED TO ANSWER TO PROVE THEIR ELIGIBILY FOR A PROTECTN VISA.EARLIER THIS YEAR, BUZZFEED NEWS REVEALED TWO BANGLASHI MEN SEEKG ASYLUM ATRALIA WERE ASKED BY THE DEPARTMENT OF IMMIGRATN TO SHARE -PTH TAILS ABOUT THEIR SEX LIFE TO PROVE THEY WERE GAY.'GREAT DIVERSY'MS DIXSON SAID THE LACK OF ACCS TO AQUATE SUPPORT SERVIC DURG HER FIRST FOUR YEARS ATRALIA ADD TO THE ISOLATN AND MARGALISATN SHE AND HER PARTNER WERE ALREADY EXPERIENCG AFTER ARRIVG A NEW UNTRY.FOR THIS REASON SHE WANTS TO SEE MORE TRAG TRODUCED FOR THOSE WORKG THE IMMIGRATN PROCS AROUND SEXUALY AND GENR INTY, AS WELL AS A WIR RETHKG OF HOW ASYLUM SEEKERS ARE VIEWED.“PEOPLE THK OF REFUGE AS FAI, MEANG A HBAND AND WIFE, AND THEN THE LGBTIQ PERSON BE THE EXCEPTN, THE OTHER, THIS REALLY SMALL GROUP,” SHE SAID.“WHICH IS NOT TE, BEE THERE ARE A LOT OF PEOPLE WHO E FLEEG PERSECUTN BEE THEY ARE LBGTIQ. THERE WILL BE A LOT OF PEOPLE WHO FLEE WAR AND ARE STILL LGBTIQ … IT’S REALLY DAMAGG TO CREATE THE REALLY RIGID BARI.“A LOT OF ASYLUM STORI ARE VERY SIAR, BUT ALSO THERE IS A GREAT DIVERSY, AND WE NEED TO WORK TO ACKNOWLEDGE THAT.”READ MOREMAN ISLAND HAS SHUT - BUT HUNDREDS OF ASYLUM SEEKERS SAY THEY'RE NOW STRANDSIX UNTRI CURRENTLY IMPOSE THE ATH PENALTY FOR NSENSUAL SAME-SEX SEXUAL ACTS; IRAN, NORTHERN NIGERIA, SDI ARABIA, SOMALIA, SUDAN AND YEMEN.IN PAPUA NEW GUEA, WHERE ATRALIA HAS PREVLY PLACED ASYLUM SEEKERS OFFSHORE TENTN, NSENSUAL SEXUAL ACTS BETWEEN MEN ARE PUNISHABLE BY UP TO 14 YEARS PRISON.“[PEER-N SPAC] PROVI YOU THAT SAFETY, THEY PROVI YOU WH THE UNRSTANDG THAT YOU DO NOT HAVE TO EXPLA YOURSELF,” MS DIXSON SAID OF THE QUEER SISTERHOOD PROJECT.BEFORE DISVERG THE PROJECT, SAM SAID WAS DIFFICULT TO FD A MUNY ATRALIA THAT UNRSTOOD HIS SUATN.“I DON’T SEE ANYONE SEEKG ASYLUM OM LGBT GROUPS,” HE SAID.*NAM HAVE BEEN CHANGEDBROADSTS OM THE QUEER DISPLACEMENTS: SEXUALY, MIGRATN AND EXILE NFERENCE N BE VIEWED HERE.LGBTQIA+ SUPPORT SERVIC N BE ACCSED VIA . REARS SEEKG SUPPORT WH MENTAL HEALTH N NTACT BEYOND BLUE ON 1300 22 4636. MORE RMATN IS AVAILABLE AT BEYOND ;SHARE5 M READPUBLISHED 15 NOVEMBER 2019 5:36PMUPDATED 15 NOVEMBER 2019 7:07PMBY MAANI TUTAGSATRALIASOCIAL ISSUPACIFICATRALIASHARE THIS WH FAY AND IENDSCOPY LKSHAREREMEND FOR YOU
• ATRALIA ASKED GAY ASYLUM SEEKERS IF THEY COULD PRETEND TO BE STRAIGHT TO STAY SAFE AT HOME
• ATRALIA'S CEL TREATMENT OF GAY ASYLUM-SEEKERS
• ARE YOU REALLY GAY ENOUGH TO BE A REFUGEE?
• GAY ASYLUM SEEKERS COULD BE RETTLED PAPUA NEW GUEA, WHICH OUTLAWS HOMOSEXUALY

NEWS HOME NEWS LOOKG INTO: ATRALIA’S APPROACH TO LGBTIQ ASYLUM SEEKERS AND REFUGE GO BACK TO NEWSLOOKG INTO: ATRALIA’S APPROACH TO LGBTIQ ASYLUM SEEKERS AND REFUGEPUBLISHED 02 JUL 2017BY JASME DAWSONDARW BELL/ FLICKRTHE TREATMENT OF LBIAN, GAY, BISEXUAL, TRANSGENR, TERSEX, AND QUEER (LGBTIQ) ASYLUM SEEKERS AND REFUGE WHO SEEK ASYLUM ATRALIA IS OFTEN DISCRIMATORY AND PERSECUTORY. WH 75 UNTRI STILL CRIMALISG SAME-SEX ACTS, PEOPLE FLEEG PERSECUTN BEE THEY ARE LGBTIQ E OM ALL RNERS OF THE GLOBE. THEY ATTEMPT TO ARRIVE TO ATRALIA BY PERILO JOURNEY AT SEA, OR REGULARLY ARRIVE ON TOURIST, STUNT, OR WORKG VISAS. LGBTIQ REFUGE SEEK SAFETY ATRALIA, YET OUR POLICI AND PRACTIC REPRENT A HYPOCRIL ATTU TOWARD LGBTIQ RIGHTS.WHILE THOSE ATRALIA WH CIZENSHIP N ENJOY THE PROTECTN OF WORLD CLASS ANTI-DISCRIMATN LEGISLATN, WE ACTIVELY SEND LGBTIQ ASYLUM SEEKERS TO PLAC WHERE THEY ARE LIKELY TO BE PERSECUTED, AS WELL AS ROUTELY VLATE THE RIGHTS OF THOSE WHO MAKE CLAIMS ON-SHORE.[1]OFFSHORE DETENTNON 18 OCTOBER 2016, THE HEAD OF IMMIGRATN MIKE PEZZULLO STATED A SENATE TIMAT HEARG THAT WAS ‘NO NCERN’ OF ATRALIA’S THAT GAY REFUGE WERE BEG TAED PAPUA NEW GUEA (PNG), WHERE SAME-SEX ACTS BETWEEN MEN N LEAD TO IMPRISONMENT OF 14 YEARS. PEZZULLO STATED THAT “WE HAVE ENOUGH ON OUR PLATE” AND THAT THE ATRALIAN ERNMENT WASN’T OBLIGATED TO VTIGATE WHETHER SAME-SEX ATTRACTED REFUGE FACED PERSECUTN PNG. SUCH A NONCHALANT APPROACH TO THE HARM AND FEAR FACED BY SAME-SEX ATTRACTED REFUGE PNG AND N IS CREDIBLY DISAPPOTG GIVEN THAT THE ATRALIAN PUBLIC HAS KNOWN OF SAME-SEX ATTRACTED REFUGE PNG SCE AT LEAST 2013. IN AMNTY INTERNATNAL’S REPORT ‘THIS IS BREAKG PEOPLE’, FOR EXAMPLE, WAS REPORTED THAT RENATE CROCKER, THE MOST SENR ATRALIAN IMMIGRATN OFFICIAL ON MAN AT THE TIME, HAD TOLD REFUGE ON MAN THAT STANC OF SAME-SEX ACTS THE TENTN CENTRE ULD BE REPORTED TO THE LOL POLICE.SIARLY, WHILE N CRIMALISED SAME-SEX ACTS BETWEEN MEN 2016, WE KNOW OF AT LEAST ONE IRANIAN UPLE WHO HAVE BEEN ATTACKED BOTH TENTN AND MUNY BEE OF THEIR SEXUALY. THE UPLE, NIMA AND ASHKAN, WERE TOLD BY ATRALIAN ERNMENT REPRENTATIV BEFORE THEIR RELEASE 2014 TO HI THEIR SEXUALY TO ENSURE THEIR OWN SAFETY N. THIS IS DIRECT NTRADICTN WH ATRALIA’S OWN GUIDANCE, AS WELL AS UN GUIDANCE, WHICH PROVIS THAT A REFUGEE SHOULD NEVER BE REQUIRED TO BE ‘DISCREET’ OR HI THEIR SEXUAL ORIENTATN OR GENR INTY ORR TO SECURE THEIR OWN PROTECTN. THIS WAS NFIRMED THE FLUENTIAL UNED KGDOM 2010 SE OF HJ (IRAN) AND HT (CAMEROON) WHERE LORD ROGER HELD,…SO FAR AS THE SOCIAL GROUP OF GAY PEOPLE IS NCERNED, THE UNRLYG RATNALE OF THE CONVENTN IS THAT THEY SHOULD BE ABLE TO LIVE EELY AND OPENLY AS GAY MEN AND LBIAN WOMEN, WHOUT FEARG THAT THEY MAY SUGGT HARM OF THE REQUISE TENSY OR DURATN BEE THEY ARE GAY OR LBIAN. THE HOME STATE SHOULD PROTECT THEM AND SO ENABLE THEM TO LIVE THAT WAY.EVINCE IS SRCE ON THE EXPERIENC OF LGBTIQ PEOPLE TENTN ATRALIA. RECENTLY, THE UK LBIAN AND GAY IMMIGRATN GROUP (UKLGIG) RELEASED THEIR REPORT NO SAFE REFUGE WHICH FOUND THATLGBT ASYLUM SEEKERS ARE PARTICULARLY VULNERABLE IMMIGRATN TENTN AND FACE SIGNIFINT DISADVANTAG AND DANGERS. IN TENTN THEY EXPERIENCE DISCRIMATN, HARASSMENT AND VLENCE OM OTHER TAE AND OM MEMBERS OF STAFF. THE TENTN ENVIRONMENT HAS SER LONG-TERM EFFECTS ON THEIR MENTAL AND PHYSIL WELL-BEG.WHETHER STAFF ATRALIAN TENTN CENTR ARE AQUATELY TRAED ON THE CREASED VULNERABILI AND HARM FACED BY LGBTIQ PEOPLE TENTN IS UNKNOWN, BUT ALSO, UNLIKELY.THE ASYLUM PROCSMISTREATMENT OF LGBTIQ REFUGE IS SADLY NOT RTRICTED TO THEIR EXPERIENCE TENTN. THERE ARE NUMERO EXAMPL RECENT YEARS OF SEXUALLY EXPLIC AND STEREOTYPIL L OF QUTNG TRIBUNAL AND URTS TO ASCERTA THE CREDIBILY OF NON-HETEROSEXUAL ASYLUM APPLINTS. FOR EXAMPLE, REFUGE HAVE FELT PELLED TO PRODUCE SEXUALLY EXPLIC DOCUMENTATN AND HAVE BEEN ASKED ABOUT THEIR SEXUAL PRACTIC.COMPARABLE JURISDICTNS, SUCH AS THE EU, HAVE DISALLOWED SUCH QUTNG. IN A 2014 SE, THE COURT JTICE OF THE EUROPEAN UNN FOUND THAT AN APPLINT’S RIGHTS TO PRIVACY AND HUMAN DIGNY WOULD BE VLATED WHERE ASSSMENTS OF ASYLUM CLAIMS CLUD THE E OF STEREOTYP, QUTNS ABOUT SEXUAL PRACTIC, REVIEWG OR ACCEPTG SEXUALLY EXPLIC EVINCE, AND DISCREDG AN APPLINT BEE THEY DID NOT SELF-INTIFY AS LGBT AT THE FIRST STANCE.AND YET, THE ELEMENTS STILL APPEAR ATRALIAN CISNS. LIKELY, THIS IS DUE TO THE LACK OF TRAG FOR CISN MAKERS AND IMMIGRATN OFFICIALS, AS WELL AS LIMED GUIDANCE ON SEXUAL ORIENTATN, GENR INTY, AND TERSEX BASED CLAIMS THE MATERIALS PROVID BY ATRALIAN ADMISTRATIVE APPEALS TRIBUNAL (AAT).IT IS STATED BRIEFLY THE MIGRATN AND REFUGEE DIVISN GUIL ON GENR THAT ‘WHEN NDUCTG A HEARG BASED ON SEXUAL ORIENTATN OR GENR INTY, A MEMBER (THE TRIBUNAL CISN MAKER) SHOULD ASK QUTNS RELATN TO THE APPLINT’S REALISATN AND EXPERIENCE OF SEXUAL ORIENTATN OR GENR INTY RATHER THAN QUTNS THAT FOC ON SEXUAL ACTS’. HOWEVER, THE GUIL ON THE ASSSMENT OF CREDIBILY NO LIMATNS ON L OF QUTN ARE PROVID, AND STEAD THE SE OF WAIH V MIMA [2003] IS REFERENCED, WHICH FERAL MAGISTRATE RAPHAEL ENDORS THE NECSY OF ‘EMBARRASSG’ L OF QUTNG SEXUAL ORIENTATN BASED CLAIMS. RAPHAEL FM EXPLAS THAT:[A]NY VTIGATN TO A PERSON’S SEXUAL ORIENTATN IS AN VASIVE AND EMBARRASSG AFFAIR. SEXUAL ORIENTATN IS SENTIALLY A VERY SUBJECTIVE MATTER. IT IS NOT EASILY RENCILED WH THE NOTN OF OBJECTIVE PROOF. BUT WHERE AN APPLINT IS CLAIMG PROTECTN ON THE GROUNDS OF HIS MEMBERSHIP OF THAT SOCIAL GROUP NSTUTED BY HOMOSEXUALS THEN HIS SEXUAL ORIENTATN IS A MATTER UPON WHICH THE MISTER IS REQUIRED TO BE SATISFIED.THIS APPEARS TO ENDORSE RATHER THAN RTRICT L OF QUTNG THAT PARABLE JURISDICTNS MAY NSTUTE FUNDAMENTAL HUMAN RIGHT VLATNS. IN ORR TO PROTECT THE RIGHTS OF LGBTIQ REFUGE DURG THEIR PROCSG, AT THE VERY LEAST THE ERNMENT NEEDS TO VT SPECIFIC AND TAILED GUIL AS THE UK HAS BEGUN TO DO SO, FOR EXAMPLE.THERE ARE MANY STEPS AND POLICY SHIFTS THAT NEED TO BE TAKEN ORR TO PROTECT THE RIGHTS OF LGBTIQ PEOPLE SEEKG ASYLUM ATRALIA, CLUDG TRAG FOR IMMIGRATN STAFF AND CISN MAKERS, THE CSATN OF OFFSHORE TENTN, AND PROVISN OF SERVIC THAT MEET THE PARTICULAR NEEDS OF LGBTIQ ASYLUM SEEKERS AND REFUGE. UNFORTUNATELY, IMPROVEMENTS ARE UNLIKELY WHILE ATRALIA’S BROAR BORR POLICI NTUE TO TIGHTEN AND ENSURE HUMAN RIGHTS VLATNS THE PROCS.ORIGALLY PUBLISHED ASYLUM INSIGHT NOVEMBER 2016NOT[1] THIS PIECE PRIMARILY ADDRSED THE KEY ISSU FACG PEOPLE SEEKG ASYLUM BASED ON THEIR SEXUAL ORIENTATN AND IS IMPORTANT TO NOTE, SPE SOME SHARED EXPERIENC, THE ACUNTS OF NON-HETEROSEXUAL REFUGE ARE NOT TERCHANGEABLE WH GENR DIVERSE, TERSEX, AND OTHER QUEER REFUGE.SIGN UP FOR ATRALIAN OUTLOOK AND AIIA NEWSLETTERS

Lookg Into: Atralia’s Approach to LGBTIQ Asylum Seekers and Refuge - Atralian Instute of Internatnal Affairs - Atralian Instute of Internatnal Affairs Search Jo Donate About Us Atralian Outlook Natnal Conference Events Stat/Terrori Membership News Publitns Rourc Fd an Expert Youth and Communy Contact Us Follow Facebook Twter YouTube LkedIn Feed Member Log News Home News Lookg Into: Atralia’s Approach to LGBTIQ Asylum Seekers and Refuge Go back to NewsLookg Into: Atralia’s Approach to LGBTIQ Asylum Seekers and RefugeDarw Bell/ FlickrThe treatment of lbian, gay, bisexual, transgenr, tersex, and queer (LGBTIQ) asylum seekers and refuge who seek asylum Atralia is often discrimatory and persecutory.

THIS IS WHAT 'S LIKE TO BE AN LGBTIQ+ ASYLUM SEEKER ATRALIALGBTIQ+ PEOPLE SEEKG ASYLUM ATRALIA FACE A UNIQUE SET OF CHALLENG AND OFTEN FD THEMSELV ISOLATED A NEW UNTRY, SAY A SUPPORT GROUP WORKG TO CHANGE THAT.TA AND RENEE DIXSON FLED THEIR UNTRY OF BIRTH AFTER RECEIVG THREATS DUE TO THEIR SEXUALY. SOURCE: SUPPLIEDLIKE MANY REFUGE, TA DIXSON AND HER PARTNER RENEE'S CISN TO SEEK ASYLUM ATRALIA WAS A MATTER OF LIFE OR ATH.THE UPLE HAD BEEN WORKG AS LGBTIQ+ ADVOT THEIR HOME UNTRY (THE LOTN OF WHICH THEY ARE UNABLE TO DISCLOSE FOR SAFETY REASONS) AND TERNATNALLY FOR YEARS BEFORE THEY MA THE DIFFICULT CISN TO UPROOT THEIR LIV.“WE HAD ALWAYS EXPERIENCED LOTS OF THREATS AND THGS LIKE THAT BUT AT SOME POT 2012 ... A SERI OF VERY SER EVENTS HAPPENED TO ” SAID MS DIXSON, WHO CHANGED HER NAME WHEN SHE ARRIVED ATRALIA. “AT THAT POT, THE ONLY CHOICE FOR LERALLY TO SURVIVE WAS TO LEAVE THE UNTRY,” SHE TOLD SBS NEWS.READ MOREUGANDAN LGBTIQ+ ACTIVIST MURRED AMID LLS TO REVIVE ATH PENALTY FOR GAY SEXTHE UPLE ARE JT TWO OF A SIGNIFINT GROUP OF ASYLUM SEEKERS ATRALIA FORCED TO LEAVE THEIR HOME UNTRY BEE OF THEIR SEXUALY, MANY OF WHO NVERGED CANBERRA ON THURSDAY AND FRIDAY THIS WEEK FOR A NFERENCE ON THE TERSECTN OF LGBTIQ+ INTY AND FORCED MIGRATN.THE NFERENCE, QUEER DISPLACEMENTS: SEXUALY, MIGRATN AND EXILE, ANISED BY MS DIXSON AND HER PARTNER, VED AMICS, ASYLUM SEEKERS AND POLICYMAKERS TO E TOGETHER AT THE ATRALIAN NATNAL UNIVERSY FOR A “HOLISTIC” DISCSN ABOUT THE BARRIERS REFUGE OM MORY GROUPS FACE.“OFTEN WE TALK ABOUT LGBTIQ+ ASYLUM A VERY SGLE LENS, FOR EXAMPLE WHEN WE TALK ABOUT THE WAR OR THE POSSIBILI OF PERSECUTN, WHILE THERE IS MUCH MORE TO ,” MS DIXSON SAID.IN THE HOP OF UNTERG SOME OF THE ISOLATN AND DISCRIMATN FACED BY LGBTIQ+ ASYLUM SEEKERS AND REFUGE, MS DIXSON CREATED THE QUEER SISTERHOOD PROJECT; A SAFE SPACE FOR QUEER REFUGEE WOMEN TO SUPPORT EACH OTHER.A CROWDFUNDG MPAIGN ANISED BY MS DIXSON AND THE QUEER SISTERHOOD PROJECT RAISED MORE THAN $5,000 TO VER 26 ASYLUM SEEKERS’ TRAVEL EXPENS SO THEY ULD ATTEND THE NFERENCE THIS WEEK.'COMPLEX S'LIKE MS DIXSON, SAM*, A 26-YEAR-OLD TRANS ASYLUM SEEKER OM SOUTH EAST ASIA, SAID THE CISN TO LEAVE HIS UNTRY OF BIRTH WAS A DIFFICULT ONE.“I HAD A VERY STABLE JOB, A GOOD LIFE, I HAVE A VERY HAPPY FAY, BUT HIDG FOR ABOUT SEVEN YEARS MY SEXUALY IS NOT AN EASY POSN TO BE ,” HE SAID. “IT’S REALLY HARD FOR ME TO STAY HERE, I FEEL LONELY, I DON’T HAVE ANYONE AND THERE’S NOT MUCH SUPPORT I N GET HERE.”AFTER ALMOST THREE YEARS ATRALIA, SAM IS STILL WAG FOR HIS PROTECTN VISA APPLITN TO BE APPROVED. DURG THAT TIME HE HAS BEEN UNABLE TO ACCS MENTAL HEALTH SERVIC FOR ALMOST A YEAR.MS DIXSON SAID THE LACK OF SERVIC ADDRSG THE SPECIFIC NEEDS OF LGBTIQ+ ASYLUM SEEKERS IS ONE OF THE BIGGT ISSU FACG THE MUNY.READ MOREUN SLAMS 'HUMAN' BNEI LAW ON STONG FOR ADULTERY, GAY SEX“MOST SERVIC ARE EHER EQUIPPED TO WORK WH YOU AS A LGBT PERSON OR AS A REFUGEE PERSON AND THEY DO NOT UNRSTAND THE PLEXY OF YOUR SE,” SHE SAID.“YOU WOULD GO TO A REFUGEE SERVICE, FOR EXAMPLE, AS A TRANS PERSON AND YOU MIGHT NEED ACCS TO HORMONAL THERAPY, BUT REFUGEE SERVIC DON’T KNOW THAT’S AN ISSUE.”CONCERNS HAVE ALSO BEEN RAISED OVER THE PERSONAL QUTNS LGBTIQ+ ASYLUM SEEKERS ARE FORCED TO ANSWER TO PROVE THEIR ELIGIBILY FOR A PROTECTN VISA.EARLIER THIS YEAR, BUZZFEED NEWS REVEALED TWO BANGLASHI MEN SEEKG ASYLUM ATRALIA WERE ASKED BY THE DEPARTMENT OF IMMIGRATN TO SHARE -PTH TAILS ABOUT THEIR SEX LIFE TO PROVE THEY WERE GAY.'GREAT DIVERSY'MS DIXSON SAID THE LACK OF ACCS TO AQUATE SUPPORT SERVIC DURG HER FIRST FOUR YEARS ATRALIA ADD TO THE ISOLATN AND MARGALISATN SHE AND HER PARTNER WERE ALREADY EXPERIENCG AFTER ARRIVG A NEW UNTRY.FOR THIS REASON SHE WANTS TO SEE MORE TRAG TRODUCED FOR THOSE WORKG THE IMMIGRATN PROCS AROUND SEXUALY AND GENR INTY, AS WELL AS A WIR RETHKG OF HOW ASYLUM SEEKERS ARE VIEWED.“PEOPLE THK OF REFUGE AS FAI, MEANG A HBAND AND WIFE, AND THEN THE LGBTIQ PERSON BE THE EXCEPTN, THE OTHER, THIS REALLY SMALL GROUP,” SHE SAID.“WHICH IS NOT TE, BEE THERE ARE A LOT OF PEOPLE WHO E FLEEG PERSECUTN BEE THEY ARE LBGTIQ. THERE WILL BE A LOT OF PEOPLE WHO FLEE WAR AND ARE STILL LGBTIQ … IT’S REALLY DAMAGG TO CREATE THE REALLY RIGID BARI.“A LOT OF ASYLUM STORI ARE VERY SIAR, BUT ALSO THERE IS A GREAT DIVERSY, AND WE NEED TO WORK TO ACKNOWLEDGE THAT.”READ MOREMAN ISLAND HAS SHUT - BUT HUNDREDS OF ASYLUM SEEKERS SAY THEY'RE NOW STRANDSIX UNTRI CURRENTLY IMPOSE THE ATH PENALTY FOR NSENSUAL SAME-SEX SEXUAL ACTS; IRAN, NORTHERN NIGERIA, SDI ARABIA, SOMALIA, SUDAN AND YEMEN.IN PAPUA NEW GUEA, WHERE ATRALIA HAS PREVLY PLACED ASYLUM SEEKERS OFFSHORE TENTN, NSENSUAL SEXUAL ACTS BETWEEN MEN ARE PUNISHABLE BY UP TO 14 YEARS PRISON.“[PEER-N SPAC] PROVI YOU THAT SAFETY, THEY PROVI YOU WH THE UNRSTANDG THAT YOU DO NOT HAVE TO EXPLA YOURSELF,” MS DIXSON SAID OF THE QUEER SISTERHOOD PROJECT.BEFORE DISVERG THE PROJECT, SAM SAID WAS DIFFICULT TO FD A MUNY ATRALIA THAT UNRSTOOD HIS SUATN.“I DON’T SEE ANYONE SEEKG ASYLUM OM LGBT GROUPS,” HE SAID.*NAM HAVE BEEN CHANGEDBROADSTS OM THE QUEER DISPLACEMENTS: SEXUALY, MIGRATN AND EXILE NFERENCE N BE VIEWED HERE.LGBTQIA+ SUPPORT SERVIC N BE ACCSED VIA . REARS SEEKG SUPPORT WH MENTAL HEALTH N NTACT BEYOND BLUE ON 1300 22 4636. MORE RMATN IS AVAILABLE AT BEYOND ;SHARE5 M READPUBLISHED 15 NOVEMBER 2019 5:36PMUPDATED 15 NOVEMBER 2019 7:07PMBY MAANI TUTAGSATRALIASOCIAL ISSUPACIFICATRALIASHARE THIS WH FAY AND IENDSCOPY LKSHAREREMEND FOR YOU

[1]Offshore DetentnOn 18 October 2016, the head of Immigratn Mike Pezzullo stated a Senate timat hearg that was ‘no ncern’ of Atralia’s that gay refuge were beg taed Papua New Guea (PNG), where same-sex acts between men n lead to imprisonment of 14 years. This was nfirmed the fluential Uned Kgdom 2010 se of HJ (Iran) and HT (Cameroon) where Lord Roger held, …so far as the social group of gay people is ncerned, the unrlyg ratnale of the Conventn is that they should be able to live eely and openly as gay men and lbian women, whout fearg that they may suggt harm of the requise tensy or duratn bee they are gay or lbian.

ATRALIA ASKED GAY ASYLUM SEEKERS IF THEY COULD PRETEND TO BE STRAIGHT TO STAY SAFE AT HOME

Recently, the UK Lbian and Gay Immigratn Group (UKLGIG) released their report No Safe Refuge which found thatLGBT asylum seekers are particularly vulnerable immigratn tentn and face signifint disadvantag and dangers. But where an applint is claimg protectn on the grounds of his membership of that social group nstuted by homosexuals then his sexual orientatn is a matter upon which the Mister is required to be appears to endorse rather than rtrict l of qutng that parable jurisdictns may nstute fundamental human right vlatns. Earlier this year, revealed two Banglashi men seekg asylum Atralia were asked by the Department of Immigratn to share -pth tails about their sex life to prove they were gay.

In many societi, many Lbian, Gay, Bisexual, Transgenr and Intersex (LGBTI) people are subject to ser human rights ab for not nformg to culturally tablished norms on sexualy or genr. As a rult, LGBTI asylum seekers are prone to facg plex challeng arisg om discrimatn, homophobia, biphobia and transphobia their untry of orig.

The Refugee Council of Atralia not that 'there have been nsistent and alarmg reports of abe (sexual and otherwise), cludg of those livg the muny N and of gay and lbian people'.

ATRALIA'S CEL TREATMENT OF GAY ASYLUM-SEEKERS

Siarly, Human Rights Watch noted their recently released World Report 2017 that 'gay asylum seekers on Man Island have reported beg shunned, sexually abed, or asslted by other asylum seekers'. Homosexualy is still crimalised Papua New Guea, and if LGBTQ+ asylum seekers were released Papua New Guea, they would face a strong likelihood of experiencg 'vlence, timidatn, imprisonment and possible ath', acrdg to Human Rights Watch. The murr of a gay Papua New Guean man, Harry Peter, Alot October 2016, allegedly targeted bee of his sexualy, highlights the potential danger to LGBTQ+ asylum seekers PNG (and is a sad remr that lol LGBTQ+ people the Pacific face siar threats and challeng every day).

ARE YOU REALLY GAY ENOUGH TO BE A REFUGEE?

As most untri, there are slightly safer neighbourhoods for LGBTQ+ people Papua New Guea and attus are changg some sectors of the muny, but homophobia is still predomant. There are parallels N, where homosexualy was only crimalised 2016 and homophobia is siarly prevalent. But LGBTQ+ applints should not have to clare and prove their homosexualy  the current manner.

GAY ASYLUM SEEKERS COULD BE RETTLED PAPUA NEW GUEA, WHICH OUTLAWS HOMOSEXUALY

They should not be nsired for release stat that crimalise homosexualy or posss the harmful homophobic attus that the asylum seekers are tryg to pe the first place. Gay asylum seekers seekg protectn Atralia were asked by ernment officials if they uld pretend to be straight to avoid persecutn their home qutng by Atralian immigratn officers is revealed a 2018 ternal review of 21 terviews wh people seekg asylum bee of their sexual orientatn or genr inty, which BuzzFeed News obtaed unr eedom of rmatn four of the 21 randomly-chosen terviews, asylum seekers were asked whether they uld be discreet about their homosexualy to avoid harm if they were returned to their home had claimed they were discreet about their sexualy Atralia as well as their home untri. Their terviewers then asked whether they uld ntue to be discreet — effectively, if they uld stay the closet — to avoid harm if they were returned to their home the fourth se, an openly gay Iranian man was asked how he would have to live Iran, and whether he would have to be discreet or uld live openly as a gay 2003, cidg on a se of two men who claimed protectn bee they were gay and a relatnship but were not out Banglash, Atralia's hight urt led that sexualy-based claims uld not be dismissed simply bee a person uld act discreetly their home untry.

"Worse still, applints who say they rema heterosexually married to avoid brgg shame on themselv and their fai, are simply not believed to be gay. [marriage] do not mean that the applint is not homosexual as social prsur may have forced them to nform to cultural norms, " wrote the review's three s, officials asked qutns that were appropriately personal, or that misunrstood how sexualy might reasonably be exprsed or hidn.

About an hour to one terview, the immigratn officer asked the applint: "Why do you thk you are gay? "In another terview, the officer looked at the asylum seeker's phone for apps and msag for evince he was gay, and asked tailed qutns about the person's datg profil.