El Salvador man not a refugee: US court

El Salvador man not a refugee: US court

An El Salvador man has been denied refugee status by a US court as the man could not be believed. The man, Juan Mercedes Cruz, relied on a fear of persecution as a refugee due to his sexual orientation as the basis of his refugee application, but fatally wounded his own case when he told the court that he had been attacked due to his sexual orientation and did not know the identity of his attackers. The only problem with that evidence was that Cruz had said in his asylum application that he had been attacked by members of the MS-13 gang. When the immigration judge pointed out what Cruz had said in his application, Cruz changed his story again to say that he did recall the identities of the attackers, namely members of the MS-13 gang and that he feared that they would attack him if he returned to El Salvador due to his sexual orientation.

In the case, called Cruz v US Attorney-General, Mr Cruz’s credibility slid further when he stated that “he only feared gangs because he believed that they would steal from him and attempt to recruit him if he returned to El Salvador”, not because he feared that they would beat him up to due to sexual orientation.

The immigration judge and two appeal courts rejected Mr Cruz’s claim due to a lack of credibility.


This approach is consistent with that in Australia– to succeed on claiming refugee status due to sexual orientation, there needs to be clear evidence, and for the applicant to appear credible is vital.

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

Mexico Surrogacy Update: New Court Rulings Change Everything

Mexico has long been on many Australian intended parents’ lists for surrogacy. It offered a path that, for years, was relatively fast compared with some other jurisdictions. But Mexico is not standing still. Recent decisions from the Mexican Supreme Court of Justice have significantly reshaped how surrogacy is handled through the courts, and those legal… Read More »Mexico Surrogacy Update: New Court Rulings Change Everything

Colombia Surrogacy Update: The Bill That Died

Planning surrogacy in Colombia can feel like navigating two legal systems at the same time. There is what Colombia does (or decides not to do). And there is what Australian law requires of intended parents, even when the arrangement happens overseas. A recent development in Colombia matters because it affects whether foreign intended parents may… Read More »Colombia Surrogacy Update: The Bill That Died

High Net Worth Divorce: What You Need to Know

When a relationship ends, the legal rules about dividing property, superannuation, and financial responsibilities do not magically change just because someone is wealthy. The same family law principles still apply. But high net worth divorces bring a different level of complexity. In practical terms, these are cases where couples separation involves significant assets and superannuation,… Read More »High Net Worth Divorce: What You Need to Know

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