2024 Australia’s Humanitarian Program (2024-25) Discussion Paper

This submission is made to the Department of Home Affairs in response to the Discussion Paper Australia’s Humanitarian Program 2024-25.

Summary of recommendations:

1. Mandate comprehensive training for all involved in the refugee status determination to create an affirming and safe environment for LGBTIQ+ persons to disclose their identities.
2. Introduce quotas for resettlement for LGBTIQ+ individuals within offshore protection visas and community refugee sponsorship programs. These quotas should represent at least 3% to 6-10% of all visas to expedite pathways to safety for LGBTIQ+ refugees.
3. Ensure comprehensive and well-evidenced multi-source country reports are used to assess protection claims based on sexuality, gender and variations in sex characteristics.
   • Issue guidance that where such reports are scant this is not considered as evidence that widespread persecution of LGBTIQ+ people does not occur.
   • This is to be aided by employing an LGBTIQ+ Resource Officer whose role is to support the Department Officers in accessing appropriate, comprehensive, and up-to-date material to inform assessment decisions
4. Mandate periodic comprehensive training on assessment of protection claims based on gender identity and expression, sexual orientation and variations in sex characteristics across all stages of refugee status determination for RSD decision makers. Such training is to be co-designed with LGBTIQ+ refugee-led organisations. Such training to include but not limited to the following content areas:
   • LGBTIQ+ terminology including cultural terminology;
   • Drivers of LGBTIQ+ displacement including disaggregated by gender, sexual and bodily diversity;
   • Working with interpreters; and
   • Trauma-informed practice.
5. Mandate annual review of the Procedural Advice Manual on assessment of protection claims based on gender identity and expression, sexual orientation and variations in sex characteristics across all stages of refugee status determination.
6. Require all protection visa applicants to be invited to attend an interview with the Department of Home Affairs, especially in circumstances where SOGIESC-based claims are raised or may be evident. Where circumstances permit, those interviews should be conducted in-person and decision records should include specific acknowledgement of the limitations on providing documentary evidence in support of SOGIESC-based claims.
7. Amend the policy on the assessment of de-facto and spouse relationships to include a specific section on the evidentiary issues for LGBTIQ+ displaced people to allow full access to family reunion.
8. Ensure meaningful partnerships with LGBTIQ+ refugee-led organizations in determining complementary pathways for LGBTIQ+ refugees.
9. Mandate training for interpreters on LGBTIQ+ safe communication and require NAATI accreditation for those working with LGBTIQ+ forcibly displaced people.
10. Ensure orientation information for resettled refugees is LGBTIQ+ inclusive and references human rights and anti-discrimination legislation.
11. Establish safe housing facilities for newly arrived LGBTIQ+ refugees and ensure confidential service provision.
12. Ensure LGBTIQ+ refugees have access to housing and services in LGBTIQ+ friendly communities, considering mobility, access to services, employment, and safety.
13. Ensure English learning workbooks reflect LGBTIQ+ experiences, diversity of families, equal rights to marry, and non-discrimination obligations.
14. Mandate comprehensive training for organizations, agencies, and contractors to meet the needs of LGBTIQ+ forcibly displaced people through government funding contracts.
15. Establish and fund a dedicated LGBTIQ+ refugee-led peak body.
16. Ensure that the LGBTIQ+ component becomes a permanent feature of the CRISP.