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Monday, August 6, 2018

New blog post - Tribunal Gets Another Cas ...

Migration Alliance
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Tribunal Gets Another Case Involving Claim of Homosexuality Wrong!
Posted by Michael Arch on Thursday, August 2, 2018
The Department and the Tribunal can surely be insane and harsh when it comes to claims by an applicant for a protection visa that he is subject to persecution in his home country by reason of his homosexuality.
Here is an example from a recent case that was decided by Judge Smith in the Federal Circuit Court, AMF17 v Minister for Immigration & Anor (2018) FCCA 1848 (11 July 2018).
The applicant in this case had originally arrived in Australia from Cameroon on a visitor visa, and shortly after he applied for a protection visa.  It was the applicant's claim that he and his partner had been "caught" and had been badly tortured.  He provided evidence of this assault from a medical centre which indicated that he had suffered bruises and abrasions, a swollen face and a black right eye.  The applicant also claimed that his partner had died as a result of the mistreatment.
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