Gay training for immigration tribunals

The tribunals that hear the cases of migrants and refugees have agreed to consult the community in developing guidelines and possible future training for members to include sexuality issues.

Principal member Steve Karas AO made the quite genuine assurance to Greens senator Kerry Nettle at the Senate Estimates Committee hearings on Tuesday and in later discussions.

Nettle called the tribunals to task in light of recent decisions that sparked outrage in the gay and lesbian community.

There are areas of training that we can look at -“ it is something we will take on board, Karas told the hearings.

Karas admitted that tribunal members currently receive training on issues relating to other vulnerable persons but not sexuality.

Often it is members themselves that generate the topics for training, but at this stage not for [sexuality]. But I’m sure now that it has been raised, it may be that there would be a recommendation that this be considered, he said.

Karas said the tribunal was developing guidelines that would be made public, and if sexuality was identified as an issue it will be taken up in training.

To determine if sexuality would be identified Karas said the tribunal was open to widening those consulted, and invited suggestions for NGOs and other community organisations to attend liaison meetings to assist with those guidelines.

Challenged on how tribunal members could test the credibility of a person’s sexuality, as highlighted in the case of Ali Humayun earlier this month, Karas said it was a matter for individual members as there were no guidelines.

It’s not as if one has a series of questions which one would go down and tick like a checklist and, depending on the outcome, say whether therefore the person fell on one side or the other, Karas said.

Asked if recent rulings against queer refugees that denied their homosexuality concerned him, Karas admitted his original opinion had been challenged after hearing Nettle’s own concerns.

Tribunal registrar John Lynch was more defensive of the qualifications of members to judge sexuality.

They are called on to deal with a vast range of life issues and come from a great many walks of life, Lynch said.

With respect to determining sexual orientation, there may be some benefit in having presenters and training that assists members -“ because it is a delicate issue to discuss. But members are able to make fine judgments on gender-related or sexual orientation issues without particular training.

Further, Lynch refused to discuss the recent decision in which Humayun was told his same-sex relationship and bisexuality could not be believed.

The applicant certainly always has recourse to the courts, he said.

Nettle said she was excited by the progress and felt Karas was quite genuine in his assurances.

They sounded quite willing to take up the suggestions for people who do sexuality-based training. But having people talk about it and getting them to follow through is very important, Nettle said.

A spokesperson for the Gay and Lesbian Rights Lobby said they were eager to speak with tribunal members about the sexuality issues raised in recent cases and how understanding could be improved.

Last Thursday, to mark International Day Against Homophobia, Community Action Against Homophobia and the Amnesty GLBTI Network organised a candlelit vigil for queer refugees still in detention.

A small crowd gathered at Taylor Square to tell passers-by about Humayun, who remains in maximum security Stage One at Villawood.

Organisers said Humayun has two weeks to prepare a new appeal.

In the meantime, CAAH’s Shelly Dahl (pictured) said she provided Humayun with a copy of The Autobiography Of Malcolm X to occupy him while in detention.