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Report
Tasmanian legal centre sees spike in asylum claims from LGBTQIA+ people
ABC NEWS (Australia)
Follow
7/5/2025
Many of the cases are linked to fears of persecution over their sexuality or gender identity in their home country. Concerns are being raised that Australia will likely see more cases in coming years.
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00:00
A simple act of affection, but it's not taken for granted.
00:06
I don't have to think about anything. I can just be.
00:11
Sam comes from a country where being gay could land them more than 10 years in jail.
00:16
It wasn't until they came to Australia as a teenager that they were free to explore their sexuality.
00:22
I was more comfortable with just being myself and expressing the part of myself.
00:31
But it was kept secret from their parents.
00:33
So when the family's application for permanent residency was knocked back, Sam was terrified.
00:39
I don't think I would have been safe physically if I expressed myself.
00:47
And then if I hit myself, I don't think I would have been safe mentally.
00:52
So they applied for asylum and received permanent protection.
00:57
Around the world, 67 countries criminalise same-sex relations.
01:03
Punishments range from a few months in prison to a lifetime.
01:07
In some places, it's the death penalty.
01:10
People fearing persecution in their home country because of their sexuality or gender
01:16
can be considered refugees in Australia.
01:19
The Tasmanian Refugee Legal Service is representing a growing number of clients like Sam,
01:26
usually coming to the end of a student, work or visitor visa.
01:30
They generally fear for their life if they were forced to return.
01:33
Mr O'Connor believes there are likely many who haven't come forward out of fear of retribution
01:39
or because they don't understand the law.
01:42
He's seeking more funding to dedicate a lawyer to this caseload and run community workshops around Tasmania.
01:49
Liberal representation is critical and is life changing and can make all the difference.
01:55
I think all people who have diverse gender identities and sexual orientations are vulnerable in the community.
02:04
But for those who are from migrant backgrounds, from refugee backgrounds and from asylum seeker backgrounds,
02:10
they're extremely vulnerable.
02:12
Ms Long says it's vital all new arrivals are taught it's not okay to discriminate against people
02:18
because of their sexual orientation or gender identity in Australia.
02:23
For Sam, the security has opened up a whole world of possibilities.
02:28
I've got a lot of love around me and I don't think I would have experienced that if I did not apply for this visa.
02:37
Also, a lot of nuclear instruments can be created in Australia.
02:38
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