Sexuality and Refugee Status in Australia

This article examines the development of Australian jurisprudence on refugee claims of gays, lesbians, bisexuals, transgendered and HIV-positive individuals. The article contains detailed discussion of international refugee law and the characterization of homosexuality as a particular social group under the 1951 Refugee Convention. The article also includes comparisons with jurisprudence from other countries including Canada, the US, and the UK. The second part of the article discusses the assessment of persecution for these groups by the courts. The author concludes that the consideration of persecution by the court needs to recognize the specific nature of these claims and to apply refugee law in a non-discriminatory manner. [Descriptors: Migration - Refugees and Immigration, International]