Australia's convoluted visa laws force committed gay couples apart

http://www.theguardian.com/commentisfree/2014/jan/03/australias-convoluted-visa-laws-force-committed-gay-couples-apart


'It should not be a radical thing to say that people express their love for each other in different, sometimes contradictory, ways'. Photograph: Mark Ralston/AFP/Getty Images

Sexuality and migration is a troubling topic in Australia. From lodging asylum claims to securing partnership visas, the process can be daunting and humiliating. This is especially the case when our legal system demands that you prove your “gayness” or your relationship status.

Ali Choudhry and Matthew Hynd’s experience with our migration laws is a troubling example of this. They are a binational same-sex couple and have been together for four years in Australia. Yet, as a national from Pakistan, Choudhry now faces deportation, having been denied a partnership visa to remain here.

Following changes to immigration laws in 2008, same-sex couples have been able to access partnership visas for their de facto partners. In response to questions on the issue, the immigration minister’s spokesperson noted that: “same sex couples are assessed no differently from heterosexual couples regarding immigration matters.” Yet, as Choudhry points out, this obscures one rather important fact: unlike heterosexual couples, same-sex couples do not have the ability to get married to simplify the burdensome bureaucratic process.

Choudhry’s story also ties into Australia’s responsibility to protect refugees. Even though Ali has not yet lodged an asylum claim, the fact that he may face imprisonment on the basis of his sexual orientation if returned to Pakistan would be grounds to consider doing it.