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

Spain Just Changed Everything About International Surrogacy Recognition!

There has been a seismic change in how Spain will treat children born through international surrogacy. If you are Spanish or hold Spanish citizenship and are considering surrogacy overseas, this update could drastically alter your family-building plans. I am Stephen Page from Page Provan family and fertility lawyers and I want to set out, plainly… Read More »Spain Just Changed Everything About International Surrogacy Recognition!

Should You Go to Columbia for Surrogacy?

In this video, I explain why Australians should pause before pursuing surrogacy in Colombia. As an experienced family and fertility lawyer, I want to be upfront: this is complex territory. If you are considering international surrogacy, you need to involve an expert surrogacy lawyer early — not as an afterthought. I walk through the legal landscape… Read More »Should You Go to Columbia for Surrogacy?

Surrogacy in Mexico: Important Update

In this video, I explained why Mexico has become a more attractive option for some intended parents than the United States — and why that does not mean the journey is easy or without serious legal pitfalls. As someone who has lived infertility, worked on more than 2,000 surrogacy journeys across 39 countries, and advised Australian… Read More »Surrogacy in Mexico: Important Update

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