Sunday, December 10, 2017

For want of proof of gay

Many surprising details are to be found in this Good Weekend article about how the Australian Administration Appeals Tribunal tries to work out whether those claiming refugee status due to being gay are faking it:
While no one is suggesting the Tribunal's job is straightforward – having to decide, for instance, whether the approximately 100 asylum seekers who apply for a protection visa each year on the basis that they're gay are telling the truth – there are criticisms about Tribunal officials' lack of qualifications and training in refugee issues. Tribunal officials have long been accused of judging applicants based on a slew of Western gay stereotypes, such as effeminate manner or dress. In one notorious case, an applicant was deemed not gay after failing questions about Madonna, Bette Midler, Oscar Wilde and Greco-Roman wrestling. The man barely spoke English and was mystified by the topics. "I don't understand it," he said to his interviewer. "I'm sorry."....

More recent cases don't give great reason for comfort. Last year, a man from Bangladesh was rejected in part because he was unable to correctly pronounce or spell the name of a Sydney gay club he'd visited called the Stonewall, according to Tribunal documents – which incorrectly referred to the nightclub as a "day venue". In a similar 2014 case, an asylum seeker was told he wasn't gay because, although he described having two monogamous relationships, he hadn't "explored his homosexuality" by going to Sydney's gay bars, and had little knowledge of Oxford Street.

Questions about sexual encounters can centre on who is the "top", and who is the "bottom", or the use of lubricant. Some desperate applicants even resort to offering videos or images of themselves having sex to prove their case. Some officials consider this material and others reject it. Because there are no guidelines for dealing with LGBTQI applicants, a Tribunal member is at liberty to ask pretty much any question they wish, for this is no court room.
The article points out that there have been clear cases of migration agents telling claimants how to fake being gay, so it is a very tricky issue.  

But honestly, doesn't this seem a weird thing for the Tribunal to admit is taken as a source of information?:
In the past, the Tribunal has been criticised for using sources like the Spartacus International Gay Guide as a source for determining whether a country is hostile to LGBTQI people. The annual guides are designed for tourists and rarely focus on conditions outside the major cities, let alone the situation of ordinary people living in these countries. Recent cases have involved Tribunal members using online gay travel guides to Turkey, Lebanon and Nepal: Neil Grungras says these sources are totally inadequate for determining how safe or unsafe a country is for LGBTQI people.

When I approached the Tribunal for a statement, I was astonished when they mentioned the Spartacus publication, which is targeted at white gay men, as a reliable source of information on anti-homosexual persecution. It said in a statement: "Members invariably take into account a broad range of information about the conditions of an applicant's country of origin when making a decision; this includes publications such as the Spartacus International Gay Guide."
Sounds to me like they really need some serious re-consideration of how to deal with these cases.

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