"The tribunal decision, published this week, said it accepted the man is gay and there was a real chance he would face persecution due to his sexuality if he returned in the foreseeable future to Malaysia, where same-sex acts between adults are illegal. Tribunal member Li Luo found the man, who is Malay Muslim, gave a convincing account of his experience. He said the man was a refugee and hence a person who Australia had protection obligations to under the Migration Act."
"He said persecution could include prosecution under sharia law and the penal code, being subjected to so-called conversion practices, and physical harm. The man sought a review of a June 2022 decision by a delegate for the home affairs minister to refuse to grant him a protection visa. Appearing before the tribunal in July, he said he realised his attraction to men during high school years but hid his sexuality until he was 19 or 20."
Australia's home affairs department initially rejected a gay Malaysian man's protection visa application for lack of evidence of being LGBT. The administrative review tribunal accepted he is gay and found a real chance he would face persecution in Malaysia, where same-sex acts are illegal. Tribunal member Li Luo found his account convincing and identified risks including prosecution under sharia and the penal code, conversion practices, and physical harm. The tribunal concluded he is a refugee to whom Australia owes protection obligations and sent the application back to the department for reconsideration.
Read at www.theguardian.com
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