homosexuality

The appellants, both homosexual male citizens of Bangladesh, arrived in Australia and applied for protection visas. To be recognized as refugees, the appellants had to show that they had a well-founded fear of being persecuted due to their race, religion, nationality, membership in a particular social group, or political opinion. The appellants argued that they belonged to a “particular social group” that was subject to discrimination and harm in Bangladesh by virtue of their homosexuality.

Jason Jones, an LGBTQ activist from Trinidad, brought a constitutional challenge against Sections 13 and 16 of the Sexual Offences Act (1986). Section 13 criminalized anal intercourse (buggery), and Section 16 criminalized serious indecency between persons of the same sex.

Appellant, a school librarian, was accused of multiple instances of indecent assault, rape, and sodomy by several students.  At least one student accused the appellant of “grooming” him for homosexuality.  On appeal, the Court found that the trial court erred by dismissing the appellant’s evidence before he presented it, refusing to let him call witnesses, and allowing her biases to interfere with the appellant's right to a fair trial.  The High Court overturned the verdict and set aside the sentence.