Skip to content
Search AI Powered

Latest Stories

Australia Asked Gay Asylum Seekers If They Could Just Pretend To Be Straight And Go Back To Their Home Countries

Australia Asked Gay Asylum Seekers If They Could Just Pretend To Be Straight And Go Back To Their Home Countries
MicroStockHub via Getty Images
Make us preferred on Google

Many people across the globe are forced to seek asylum in far away places for fear that their sexual orientation or gender identity will lead to persecution, prosecution and even death in their home countries.

That risk must generally be proven when requesting asylum.

Spoiler: there's a right way and a wrong way to ask for proof.


Buzzfeed News recently acquired internal documents from Australia's Department of Home Affairs through a Freedom of Information request.

The documents, at their worst, note that some Australian immigration officers asked if asylum seekers could successfully return to their home countries, pretend to be straight, and so avoid persecution.

In 2018, the Department of Home Affairs conducted an internal review of immigration officer performance during the interview stage of an asylum seeker's journey through Australia's immigration apparatus.

A total of 21 interviews occurring between November 2016 and August 2017 were randomly chosen and reviewed.

To humanize and contextualize this, consider that these interviews are the moment when a non-straight and/or non-cisgender person arrives to prove their case. If the interview goes well, the person will be able to remain in Australia, safe to inhabit their identity without fear of violence anymore.

The burden of proof becomes significant in a moment like that.

Does this person need to show that they'd be persecuted at home if they openly expressed their orientation and/or gender, or that they'd be persecuted even if they kept their orientation or identity hidden?

Australia answered this question nearly two decades ago, in a 2003 ruling by its highest court.

At that time, the court heard a claim brought by two gay men seeking asylum in Australia despite remaining in the closet back in Bangladesh. The court ruled that asylum claims based on sexuality must be considered even if it's possible to hide that sexuality in the country of origin.

Officers must, according to that ruling, consider only what would happen if an asylum seeker were openly gay or openly non-cisgender at home.

A decade's passing apparently made that distinction fuzzy.

Four of those randomly chosen 21 interviews include immigration officers asking an asylum seeker if they could keep their sexuality discreet at home and not face persecution.

In two other interviews, asylum seekers were in a heterosexual marriage. Immigration officers cited this and called their homosexual orientation claim into question, effectively a "straight until proven gay" approach.

Both those asylum claims were rejected.

One interview asked the person, "Why do you think you are gay" displaying a clear misunderstanding of how sexuality works.

Ghassan Kassisieh is the legal director for Equality Australia, a national nonprofit organization dedicated to "promoting and protecting LGBTQIA+ rights."

He spoke with Buzzfeed News about the negligent disregard of Australian government policies by the immigration officials.

"Seventeen years after the High Court ruled that applicants must not be expected to remain discreet about their sexuality in order to avoid persecution, 4 out of 21 interviewers seem to have continued down this problematic line of questioning."
"Worse still, applicants who say they remain heterosexually married to avoid bringing shame on themselves and their families, are simply not believed to be gay."

In its conclusions, the official government review acknowledged concerns and dedicated itself to improvement.

"Assessment of LGBTI claims can be difficult, as the evidence is usually limited to the applicant's personal account."
"It is important that the questions asked during the interview assess the credibility of the LGBTI claims, but are also sensitive and not overly intrusive."

The Department of Home Affairs did provide new instructions to immigration officers to ensure interviews were conducted more sensitively.

Kassisieh's response to those changes was positive, but cautious.

"Guidelines are only good if people follow them."
"While the department must be commended for its guidelines, training and quality assurance processes, the results of its audit show that more needs to be done to ensure every applicant is given a fair hearing no matter who is making the decision."

More from Trending/best-of-reddit

Jake Lang making a fool of himself at a cat adoption event.
@JakeLang/X

Far-Right Activist Dragged After Crashing What He Thought Was A 'Furry' Convention That Was Actually For Cat Owners

Far-right lunatic and grifter Jake Lang is once again the laughingstock of the internet for seemingly confusing cat owners with furries.

Like many right-wingers, Lang, who received a pardon from Donald Trump for his role in the January 6 coup attempt at the Capitol, has made a career out of being a deranged provocateur online.

Keep ReadingShow less
screenshot from C-SPAN
C-SPAN

Trump Dragged Over His Desperation After Calling Into C-SPAN Show—And Even The Host Is Caught Off Guard

During the premiere episode of C-SPAN's Washington Journal Primetime, viewers were stunned to hear MAGA Republican President Trump calling in to speak with surprised looking host Mimi Georges.

Trump answered some questions off the cuff about his immigration policies and his Iran War. As usual, he embellished the truth to flatter himself and denied any wrongdoing.

Keep ReadingShow less
Pete Hegseth; Donald Trump
Chip Somodevilla/Getty Images; Mandel Ngan/AFP via Getty Images

Pete Hegseth Just Claimed His Controversial Military Operations Were All 'Ordered' By Trump—And Everyone's Making The Same Point

Defense Secretary Pete Hegseth was criticized for saying that military operations in Iran and Venezuela were "ordered" by President Donald Trump while responding to articles of impeachment brought against him by Republican Representative Thomas Massie.

The impeachment resolution brought by Massie alleges that Hegseth abused his office in several ways, including launching military action against Iran without congressional approval, failing to safeguard civilians, and overseeing deadly strikes on suspected drug-trafficking vessels in the Caribbean.

Keep ReadingShow less
Abdul El-Sayed; Peggy Flanagan; James Talarico
Finn Gomez/Getty Images (left and right); Nathan Posner/Anadolu via Getty Images (center)

The Incoming Freshman Democratic Senators Posed For Their First Selfie At Orientation—And It's Honestly Everything

Social media users can't get enough of the first group selfie featuring incoming freshmen Democratic U.S. Senators, including Abdul El-Sayed and James Talarico.

Last week, Democrats swept midterm election races to win back both the U.S. House of Representatives and the U.S. Senate in a clear repudiation of the Trump administration.

Keep ReadingShow less
Lori Huang and Jensen Huang attend the 12th Breakthrough Prize Ceremony at Barker Hangar.
Taylor Hill/FilmMagic

Tech Billionaire Apologizes To Wife Of 40 Years After Affair With Alleged Chinese Spy: 'I Am Deeply Sorry'

Most cheating scandals end with awkward family dinners and a whole lot of explaining. Nvidia CEO Jensen Huang's comes with allegations involving Chinese intelligence and questions about American national security.

And somewhere in that mess is Lori Huang, his wife of more than 40 years, who just received a very public apology.

Keep ReadingShow less