Tasmanian Refugee Legal Service reports rising number of LGBTQIA+ clients who 'fear for their life' if returned home

Holding hands, a kiss — they're simple and sweet displays of affection.

But Sam* doesn't take them for granted.

Sam comes from a country where being gay is considered "against the order of nature" and is enough to land them more than a decade in jail.

They said it's a place where civilians "take matters into their own hands" and turn their neighbours in, where intimate details of someone's life are shamed in the media.

It wasn't until Sam came to Australia as a teenager that they were free to explore their sexuality for the first time — albeit in secret from their parents.

"I was more comfortable with just being myself and expressing that part of myself," they said.

So, when their family's application for permanent residency was knocked back, and the possibility of returning loomed large, Sam took matters into their own hands.

"I was like, 'no, I can't go back, I can't hide myself anymore,'" Sam said.

LGBTQIA+ people with a well-founded fear of persecution in their home country based on their gender or sexuality can be considered refugees under Australia's Migration Act.

Sam turned to the Tasmanian Refugee Legal Service (TRLS), arguing to the Department of Home Affairs that being gay exposed them to serious harm.

Their application for permanent protection was successful.

"I felt like a weight was lifted off my back, like I was so relieved," they said.

Growing number of asylum cases, and likely hundreds who haven't come forward

Sixty-seven countries criminalise people for their sexual orientation, with punishments ranging from months behind bars to a life sentence. 

In some places, it's the death penalty.

TRLS principal lawyer Patrick O'Connor said the danger often extended beyond the state, to hostility from families and the community and systemic discrimination in employment, housing, health and education.

Mr O'Connor said the service was representing a growing number of clients in similar circumstances to Sam — as were his interstate colleagues — the majority coming to the end of student, work or holiday visas.

And he believed there could be many more with legitimate asylum claims — potentially hundreds in Tasmania alone — that hadn't come forward, likely out of fear of retribution or because they didn't understand Australia's domestic law.

Mr O'Connor is seeking funding to dedicate a lawyer to this caseload, and to run community workshops around Tasmania providing general legal education to help people understand the law, and make them feel comfortable approaching the service.

"There's a lot at stake for the applicant," he said.

"Providing legal representation is critical, and is life-changing, and can make all the difference."

'Discrimination is not acceptable'

More community outreach and legal support is something Migrant Resource Centre Tasmania also endorses.

But she said it was vital all new arrivals, not just from the LGBTQIA+ community, were taught gender and sexuality discrimination was not tolerated in Australia.

"All people who have diverse gender identities and sexual orientations are vulnerable in the community, but for those who are from migrant backgrounds, from refugee backgrounds and from asylum seeker backgrounds, they're extremely vulnerable," she said.

"They may be particularly wary of connecting with their cultural community here because they know that their cultural community won't accept them and will discriminate against them.

Ms Long said it was vital that services understood how various aspects of someone's identity — including country of origin, race, ethnicity, language, gender and sexuality — intersected and supported LGBTQIA+ migrants accordingly.

For Sam, the new-found security has "opened up a whole world of possibilities".

*Name has been changed.