Gay Immigratn Servic Atralia | Gayimmigratn

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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

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

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