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

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

Sydney Sweeney
Phillip Faraone/Getty Images for W Magazine

Sydney Sweeney Could Face Charges After Hanging Bras On Hollywood Sign Without Permission

Legendary and controversial showman P.T. Barnum has been credited with saying, "Any publicity is good publicity." Of course, Barnum was operating in the 1800s when he could shape the narrative and kill damaging news.

In the digital age, publicity can quickly reach a global audience. Any missteps or poor choices are out there before damage control can be done.

Keep ReadingShow less
Glenn Close; Donald Trump
Stephane Cardinale - Corbis/Corbis via Getty Images; Chip Somodevilla/Getty Images

Glenn Close Offers Dire Warning To Trump Over His Regime's 'Inhumanity' In Powerful Video

Film legend Glenn Close shared her feelings on President Donald Trump and his regime's "inhumanity" in a viral video on Instagram, saying she felt "compelled" to speak out in the wake of the murder of 37-year-old ICU nurse Alex Pretti by ICE agents on Saturday in Minneapolis.

Close—best known for starring in such classics as Fatal Attraction and who recently received raves for her work on Wake Up Dead Man: A Knives Out Mystery—condemned the "cold-blooded murder of American citizens" and warned Trump that "there will be hell to pay" as more and more people rise up against his leadership.

Keep ReadingShow less
Gavin Newsom; JD Vance; Tom Cotton
Justin Sullivan/Getty Images; Jim Watson/AFP via Getty Images; Kevin Dietsch/Getty Images

Gavin Newsom Epically Rips JD Vance And MAGA Senator Over Their Hot Takes On Minneapolis Shootings

California Governor Gavin Newsom criticized Vice President JD Vance and Arkansas Republican Senator Tom Cotton after they both posted heartless remarks about the recent killings of Renee Nicole Good and Alex Pretti by ICE agents in Minneapolis.

Earlier this month, ICE agent Jonathan Ross killed Good in her car. Department of Homeland Security (DHS) spokesperson Tricia McLaughlin claimed Good “weaponized her vehicle, attempting to run over our law enforcement officers in an attempt to kill them.”

Keep ReadingShow less
Alexandria Ocasio-Cortez; Kristi Noem
Andres Kudacki/Getty Images; Al Drago/Getty Images

AOC Goes Nuclear On Kristi Noem For Suggesting That Protesters Who Show Up With Firearms Deserve To Die

New York Democratic Representative Alexandria Ocasio-Cortez called out Homeland Security Secretary Kristi Noem's hypocrisy after Noem responded to the murder of 37-year-old ICU nurse Alex Pretti by ICE agents in Minneapolis by claiming that protesters who show up with firearms aren't "peaceful."

Calls for an investigation have intensified from across the political spectrum after analysis of multiple videos showed ICE officers removing a handgun from Pretti—whom authorities said was permitted to carry but was not handling—before fatally shooting him.

Keep ReadingShow less

People Describe The Strangest Health Conditions They've Ever Experienced

The human body is complicated, fascinating, and sometimes difficult to explain.

While we know that, it's incredibly unnerving when we have a symptom that even our doctors struggle to explain or identify.

Keep ReadingShow less