Another homosexual who had been arrested and assaulted, first by the Fijian police and then by the militia for having gay sex, was told that while the court accepted his homosexuality and his story, they were not satisfied that he faced any further persecution.
Then in 2008 a court expressed concern over the fact that a Pakistani man only had a single "one night stand" to show for the "many months" he had spent in Australia. Evidently, it is not enough to simply identify as homosexual; one must also pass a promiscuity test.
Still others have been rejected on the basis that because of their conservative dress or appearance, they are likely to be able to "pass" as heterosexual and therefore are not at risk of facing persecution. Ignoring the fact that what a person wears before a court is not necessarily indicative of how they normally dress, we should note that irrespective of a person's ability to pass, "straight looking" (whatever that means) homosexuals still suffer incredible oppression, fear and intimidation when living in countries that outlaw homosexuality.
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The farcical incompetence exhibited by the courts would almost be amusing if it did not impact so tragically on the lives of real people. The homophobia exhibited within Australian courts and the wider community illustrates that there is still much intolerance to overcome.
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About the Author
Nina Funnell is a freelance opinion writer and a researcher in the Journalism and Media Research Centre at the University of New South Wales. In the past she has had work published in the Sydney Morning Herald, The Australian, The Age, The Brisbane Times and in the Sydney Star Observer. Nina often writes on gender and sexuality related issues and also sits on the management committee of the NSW Rape Crisis Centre.