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9 May 2007 - Lobby expresses grave concern on treatment of GLBT refugees |
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The Gay and Lesbian Rights Lobby has expressed grave concerns about the treatment of gay, lesbian, bisexual and transgender asylum seekers under immigration law. The comments come after the Sydney Morning Herald reported that a Pakstani man had been denied refugee status because the Refugee Review Tribunal believed his bisexuality was situational, and therefore not a ground for persecution under law. The partner of the man however had been accepted as a refugee.
“We have spoken to legal experts and have expressed grave concerns about the treatment of gay, lesbian, bisexual and transgender asylum seekers under immigration law. If same-sex couples were allowed to apply for asylum together, in the same way as heterosexual couples, then you wouldn’t have the situation where one partner is recognised as a refugee and the other is left behind. The discrimination under the law is tearing apart loving and committed relationships”, said Spokesperson for the Gay and Lesbian Rights Lobby, Ghassan Kassisieh. Senator Kerry Nettle has indicated that she will be taking the matter further with the Minister for Immigration. The Gay and Lesbian Rights Lobby contacted Senator Kerry Nettle’s office today to express our concerns in particular about the judgment made in Mr Humayun’s case. “Refugee law has long accepted that either identity or conduct – present or in the past – is a sufficient ground for establishing fear of persecution. Pakistani law punishes sexual conduct between consenting adult men regardless of sexual identity. If the applicant has had sexual intercourse with a man at any time, he may still fear persecution – regardless of whether he identifies as bisexual, gay or straight. The applicant should seek legal advice about a potential ground for legal appeal," Kassisieh added.
The Gay and Lesbian Rights Lobby will be following up the matter with Senator Nettle.
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