Australia’s home affairs department rejected a gay Malaysian man’s bid for a protection visa, saying he did not provide enough evidence that he was an LGBT person.
But the administrative review tribunal subsequently accepted the man is gay and could face persecution in Malaysia, sending the man’s visa application back to the department for reconsideration last month.
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 ha