 |  |
Bangladeshi gay activist Motahar Hussein appears set to receive an Australian protection visa after the Refugee Review Tribunal accepted he was homosexual and faced persecution in his home country.
The hearing last Friday came after almost three years of fighting for asylum, including two previous tribunal hearings and a federal court appeal.
“On the whole the tribunal is homophobic, but on this instance they accepted I was homosexual and I would face persecution if sent back,” Hussein told SSO.
An openly gay activist, Hussein came to Australia on a student visa in 2001 with the intention of seeking asylum. He came to the attention of immigration officials after failing to pay his university fees.
He told SSO he feared jail time under the Bangladesh legal code, which prohibits “unnatural acts” including advocacy of gay rights.
Hussein remains on a bridging visa and cannot work until the ruling is finalised, but he and his supporters celebrated at the weekend after what they called a clear victory for queer refugees.
Greens MLC Sylvia Hale gave evidence on Hussein’s behalf and housed him over the last few months after he was granted the bridging visa earlier this year.
“I was happy to do so. He’s an asset to the community because he’s prepared to be involved in movements like gay rights,” Hale said.
“He doesn’t have an overtly gay relationship, which could cast doubt on his bona fides, but I am aware of the pressure that detention had had on him.
“It’s difficult enough for people to come out in a relatively open society such as Australia, let alone under the pressures of a Muslim or Islamic community.”
Hale said there was considerable evidence of Hussein’s activism that would be difficult to hide. Recently two former Bangladeshi leaders were jailed for political activity.
A number of supporters from Community Action Against Homophobia also gave evidence at last Friday’s hearing.
“It’s a pity the RRT rulings don’t create legal precedence because this would help all the queer refugees,” CAAH spokeswoman Rachel Evans said.
CAAH is also campaigning for queer refugee applicant Ali Humayun to be released from mandatory detention until his case against the Immigration Department is heard in the Supreme Court later this month.
Egyptian-born Mike Sarhan and his Australian partner Brad Calderon are still waiting to hear from the RRT on Sarhan’s refugee application on the basis of homosexual persecution.
This category of refugee claim was first established in 2003 after the High Court ruled in favour of a Bangladeshi gay couple.
The Gay and Lesbian Rights Lobby is developing sexuality awareness training material for the RRT. A spokeswoman for the RRT said the training sessions would be conducted in the coming months.
No comments:
Post a Comment