Impact of LGBTIQ refugees – stop harmful migration bills

The three proposed bills—the Migration Amendment Bill 2024, the Removal and Other Measures Bill 2024, and the Prohibiting Items in Detention Bill 2024 —constitute fundamental changes that threaten the rights, dignity, and protections of refugees and people seeking asylum.

We are sharing there harmful impacts on LGBTIQ+ refugees.

The Migration Amendment (Removal and Other Measures) Bill 2024

This bill criminalises refugees and people seeking asylum who refuse to cooperate with forced deportation processes. It imposes mandatory jail sentences and heavy fines for non-compliance. 

Many LGBTIQA+ people seeking asylum come from countries where their sexual orientation, gender identity, or intersex status is criminalised, punishable by imprisonment, violence, or even the death penalty. Returning to these countries can mean certain harm or death.

• Impossible Choices: This bill forces LGBTIQA+ asylum seekers to choose between imprisonment in Australia or being deported to persecution, torture, or death in their home country.
• Violation of International Law: It disregards Australia’s obligations under the Refugee Convention to protect individuals fleeing persecution, further isolating and endangering vulnerable populations.

Why This Harms LGBTIQA+ People Seeking Asylum:

1. Refugee Law Exists to Protect Against Human Rights Abuses
   • Refugee law is designed to protect individuals who face persecution in their home countries due to characteristics such as sexual orientation, gender identity, religion, race, or political opinion.
   • Blanket bans undermine the core purpose of refugee law, which is to prioritise individual protection based on risk and vulnerability, not collective punishment based on nationality.
2. LGBTIQA+ People Face Heightened Risks in Many Countries
   • In over 70 countries, same-sex relationships are criminalised, and in some, they are punishable by death. Gender-diverse individuals and those with diverse sex characteristics face systemic discrimination, violence, and state-sponsored persecution.
   • A blanket ban disregards these realities, failing to consider that LGBTIQA+ individuals from a banned country may face unique and severe persecution.
3. Punishment for Place of Birth
   • This bill disproportionately affects already marginalised group. This bill effectively punishes LGBTIQA+ individuals, women, and others at risk for the “crime” of being born in the “wrong” country.
   • Refugees have already endured persecution, violence, and displacement; denying them the chance to seek protection compounds their suffering and denies them their basic rights.
4. Contradiction of Refugee Principles
   • The Refugee Convention was established to ensure protection for individuals fleeing persecution, regardless of their country of origin.
   • Blanket bans contradict the Convention by treating all individuals from specific countries as equally undeserving of protection, erasing the individual circumstances of those most in need of safety.
5. Moral and Legal Failure
   • Refugees should not face further punishment simply because of where they were born. By introducing blanket bans, Australia turns its back on its obligations under international law and its moral responsibility to protect the persecuted.

 The Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2024

This bill seeks to ban mobile phones and other personal items in detention centers under the guise of maintaining safety and order.

Why is this harmful to LGBTIQA+ people seeking asylum?

• Isolation from Lifelines: Mobile phones are often the only means for LGBTIQA+ detainees to access community support, legal representation, and advocacy groups. Losing this connection could mean losing access to vital resources that protect their safety and rights.
• Exacerbation of Vulnerability: LGBTIQA+ people in detention already face heightened risks of abuse, harassment, and discrimination. Without a way to reach out for help, these risks increase exponentially.
• Preventing Accountability: Mobile phones allow detainees to report abuses, maintain communication with legal advisors, and document mistreatment. Removing these devices leaves them even more vulnerable to unchecked abuse.

The Migration Amendment Bill 2024

This bill introduces sweeping changes that allow the Government to expand deportation powers, impose stricter rules on visa applicants, and separate families indefinitely.

Why is this harmful to LGBTIQA+ people seeking asylum?

• Broad Discretion to Deport: The bill allows for the deportation of entire groups of people based on unspecified criteria, putting LGBTIQA+ asylum seekers at risk of being targeted and sent back to countries where they face persecution.
• Family Separation: Many LGBTIQA+ asylum seekers have already been separated from their families due to persecution. This bill exacerbates the trauma by making family reunion nearly impossible.
• Arbitrary and Unjust: By allowing for broad and unspecified criteria, this bill creates a system where LGBTIQA+ asylum seekers could be denied safety based on discriminatory or political motivations.

Call you senators today to stop these bills!