Atralia: Gay uple get asylum reprieve after 'irratnal' urt judgement

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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
• ATRALIA'S CEL TREATMENT OF GAY ASYLUM-SEEKERS
• 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
• GAY PAKISTANI ASYLUM SEEKERS THROWN A VAL LIFELE AFTER BEG NIED VISAS BEE THEIR SEXUALY WAS EMED ‘IMPLSIBLE’
• 'COME OUT' TO IMMIGRATN OFFICIALS OR BE PORTED? GAY ASYLUM SEEKERS WILL SUFFER UNR MORRISON'S NEW REGIME

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.

[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. 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.

ATRALIA'S CEL TREATMENT OF GAY ASYLUM-SEEKERS

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.

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

Gay asylum seekers face particular dangers unr the polici: for example, gay men have been sent to Papua New Guea, a untry which has. crimalised nsensual homosexual sex between mal.

plight of Lbian, Gay, Bisexual, Trangenr, Queer and Intersex (LGBTQI). relied on wtern-centric homosexual stereotyp to asss applitns. Applints have been qutned about their knowledge of the gay club scene.

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

their untry of orig or the mic of ‘gay ins’ like Madonna. acpanied by a warng that “homosexualy is illegal Papua New Guea. People have been imprisoned or killed for performg homosexual acts.

while PNG’s anti-homosexual laws are rarely ed, they may still be abed. crimalisatn of homosexualy, the suatn will be even worse for LGBTQI. Procsg and rettlg gay men a untry that ntu to.

GAY PAKISTANI ASYLUM SEEKERS THROWN A VAL LIFELE AFTER BEG NIED VISAS BEE THEIR SEXUALY WAS EMED ‘IMPLSIBLE’

This is exactly what we are dog by sendg gay men to a.

'COME OUT' TO IMMIGRATN OFFICIALS OR BE PORTED? GAY ASYLUM SEEKERS WILL SUFFER UNR MORRISON'S NEW REGIME

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.