Court rejects man’s refugee status- back to Lebanon for him

Court rejects man’s refugee status- back to Lebanon for him

 

Court: man is not gay, back home to Lebanon
A Lebanese man’s claim that he was entitled to refugee status because he was gay has been rejected by the Federal Circuit Court. The man sought refugee status within a month of arriving in Australia. He said that he was blackmailed in Lebanon after a co-worker had heard him talking in a toilet cubicle to a male friend. The court accepted that gays in Lebanon were discriminated against and prosecuted.
The court upheld tribunal findings that  the man was not homosexual; had not engaged in intimate or sexual relationships with other men, was not overheard discussing his relationship or that this was why he was blackmailed, was not threatened harm of any type by his father, would not engage in  homosexual  behaviour if he returned to Lebanon and therefore did not accept that he faced a real chance of persecution from his family, society or the authorities because of his sexual identity if he returned, did not have a subjective fear of harm relating to his parent’s alleged desire for him to marry; and had not had homosexual  relationships in Australia or elsewhere.
Key reasons why the application seems to have been rejected were the belief that the man needed to show that he lived as a gay man in Australia in the 18 months from arrival to the Tribunal hearing: being in a relationship, socialising “as a gay man”, seeking advice and help from gay groups and attending gay clubs.
 
Judge Hartnett said:

Of course, the Tribunal finding that the Applicant failed to live in Australian as a gay man was but one of its findings as to whether the Applicant was a  homosexual  person. His vague account of his past sexual encounters, his failure to articulate any emotional aspect of discovering his homosexuality, and his inconsistent conduct of returning to Lebanon after his earlier visit to Australia, were others. Each went to the conclusion arrived at by the Tribunal. In its consideration of the matter, the Tribunal asked of the Applicant how it was that he lived openly as a  homosexual  in Australia? There was no imposition by the Tribunal of a criteria or a particular measure that the Applicant had to live up to. On a number of occasions the Tribunal attempted to elicit from the Applicant those matters which for the Applicant meant, that he lived openly as a gay man in Australia. The Tribunal did not impose its own criteria on the Applicant, but rather attempted to gain a factual context for the Applicant’s claims. The Tribunal asked of the Applicant:-

  • “what do you mean by that? You’ve given these broad explanations. What about your life means you were living as a gay man?”

 

Contrary to the Applicant’s assertions, I find there was no “relevant test” applied by the Tribunal comprising its own arbitrary criteria, but rather an eliciting of relevant information from the Applicant, and a putting to him of matters that the Tribunal had difficult in accepting. There was no illogicality attending the decision. The Tribunal made a number of factual findings on the evidence before it which lead it to a logical conclusion about the Applicant’s claims.

 
The case is yet another illustration that bringing a refugee case on the basis of being gay needs to be prepared very carefully.

 
Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

Surrogacy Ethics Conference Australia: Key Insights from the Law Council’s First Donor & Surrogacy Ethics Event

Donor & Surrogacy Ethics Conference Recently, I took part in the family law section of the Law Council of Australia’s first surrogacy and donor ethics conference, held in Melbourne. I want to give a shout out to my Melbourne colleague, Sarah Jefford OAM who had the gumption in putting it all together and then roped… Read More »Surrogacy Ethics Conference Australia: Key Insights from the Law Council’s First Donor & Surrogacy Ethics Event

The Australian Law Reform Commission (ALRC) Review of Surrogacy Laws

The Australian Law Reform Commission has released a substantial discussion paper as part of a broad review of surrogacy laws. The paper examines how surrogacy could and should be regulated within Australia, including both domestic arrangements and situations where intended parents commission surrogacy overseas. Submissions on the discussion paper close on 19 December 2024, and… Read More »The Australian Law Reform Commission (ALRC) Review of Surrogacy Laws

Mexico Surrogacy Laws 2025: Supreme Court Ruling Strengthens Surrogate Rights

Mexican Supreme Court Judgment The Supreme Court of Mexico in July delivered judgment, Amparo in Revision 63 of 2024, that, in effect, regulates the process of surrogacy in Mexico. This decision is an enormous step forward in protecting the human rights of Mexican surrogates. When obtaining parentage via surrogacy in Mexico, there are two methods:… Read More »Mexico Surrogacy Laws 2025: Supreme Court Ruling Strengthens Surrogate Rights

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board