Sunday the 27th July 2014
Volume 325

Subscribe to IMMIGRATIONews  

Dear subscribers, 


Welcome to the latest edition of IMMIGRATION NEWS and to the new subscribers. IMMIGRATION NEWS is proudly sponsored by Australian Immigration Law Services. For new readers you can subscribe using the link on the right hand side. Please feel free to forward this e-mail to any of your friends.


Australia's immigration system provides same sex couples a safe haven from many countries where imprisonment and even death can result for those who openly express their sexual preferences.   

Australia is a safe haven for many same sex couples 

It wasn't too far back in Australia's history that it was illegal to be gay. Fortunately we have left that behind as an embarrassing memory only for those old enough to remember it. The map above reminds us though that in many parts of this planet openly expressing your sexuality can have dire consequences.

The current debate surrounding legalizing same-sex marriages in Australia has brought to the forefront; inequality faced by couples that don't identify with the hetero-normative model.


With the legalization of same sex-marriages last year in Brazil, France, England and Wales the total number of countries where same-sex marriage is legal has risen. However; one must not forget Australia is one of the few countries that gives same rights in terms of Immigration Status to partners in same-sex relationships with Australian residents and citizens. Recently the United States overturned core portions of the federal Defense of Marriage Act (DOMA) as recently as 2013 creating a pathway for an equal Immigration Process for same sex couples.


In Australia, de-facto couples of any sexual are able to sponsor partners provided one of them is an Australian Permanent Resident, Australian Citizen or an eligible New Zealand citizen. Recognising the difficulties same sex couples face overseas in many countries Australia permanent Protection (class XA) (subclass 866) visas can be granted because an applicant has been found to be a person Australia has protection obligations to due to their sexual orientation.


IMMIGRATIONews spoke to Trisha from Sydney about finding a safe haven in Australia. Trisha* comes from a very orthodox family in South India and visibly shudders when talking about life as a young teen in India, "I couldn't even imagine telling my Tamil Brahmin family that I detested Kanjivaram silk sarees and that I'd rather gouge my heart out than marry a man in one of them. As a kid growing up in the 90s I didn't even understand what being gay was, how could I even begin to explain it to someone whose entire identity was rooted in traditional Brahmin values?"


Trisha was one of the lucky ones, her parents were well-off, believed in educating the women in their family and she used the high marks in her high school as a one way ticket out of repression. Having studied in the US she moved to Australia temporarily for work and met her partner of several years in Sydney. The temporary move became permanent and she says "Sydney's vibrant gay community is a balm to my soul. All I want is to be able to live a boring, non-dramatic life and grow old with the person who completes me. The American Dream for me was monochrome, during my stay there was still a lot of stigma attached to being gay hope things have improved today but Australia is far ahead than most countries. I didn't have to apply for a partner or protection visa but it is wonderful to know that the option exists for people that need it."


In the map above is supplied from the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), the areas that have punitive measures against homosexuality are highlighted. The Indian sub-continent is one of that worst places in the world to be gay as being homosexual attracts significant social stigma and is punishable by a jail term under Section 377.


Trisha says "In India being a woman is a curse for many of us what with high rates of female foeticide & infanticide, rampant misogyny and violence against women and on top of all this being a gay woman is a fate worse than death."


To face discrimination in all walks of life and constantly fearing of one's safety is a violation of the most basic human rights. Australia still has a long way to go in terms of achieving equality for the LGBTQ community but there are many who have found acceptance here in the truly multi-cultural & multi-faceted gay community.


IMMIGRATIONews Volume 297 covered the state/territory administered Relationship Registries and what de-facto means for Immigration purposes.




Story and photo by Tanaya Das            

ImmigratioNews archives                                                                            dog sleeping upside down isolated on white background - english bulldog
Bored? Nothing to do in the dead of the night when you can't sleep?

Try one of our historical newsletters to read, that might do the trick.

Our older newsletters can be found on our website through the following link;
The recent ones using the new format, can be found


proudly sponsors IMMIGRATION NEWS.

Follow us now on Facebook!

For over 15 years our professional firm has provided tens of thousands of people advice and practical solutions to all migration matters. 

Our team specialise in skilled migration, student visas, parent visas and Employer sponsored visas such as ENS, RSMS and 457. 

We also look after applicants who have been refused their visas and need representation to the Migration Review Tribunal (MRT).







Jee Eun Han

   Executive Manager

           Jee Eun Han

Australian Immigration Law Services






Karl Konrad

    Managing Director

          Karl Konrad

Australian Immigration Law Services





Tasmania was the last place in Australia that repealed the laws making it illegal to gay.

Surprise surprise

On that note you may find it interesting what years the states/territories have abolished the criminal laws on homosexuality.

ACT 1973
South Australia 1975
Victoria 1981
N.T 1983
NSW 1984
WA 1990
QLD 1990
Commonwealth 1994
Tasmania 1997

On the 1st of July 2009 the Immigration Department changed the law allowing same sex couples to included into the definition of de-facto relationships.

This change brought it into line with the changes to the Social Security Act on the same day.

This change to the definition of de-facto meant that same sex couples could include their partners for the first time as a member of their family unit in all migration applications.




mugshot of a mexican very bad dog
Proudly sponsored by:

Australian Immigration Law Services  

phone: 61 2 92791991 | fax: 61 2 9279 1994
email: | website: 

AILS Facebook 


 Level 1, 36 Carrington Street Sydney NSW 2000

Disclaimer and Copyright

IMMIGRATION NEWS is intended to provide general information on migration issues and does not constitute legal advice and no responsibility is accepted by IMMIGRATION NEWS PTY LTD (ACN:165 846 980) for the accuracy of material appearing in IMMIGRATION NEWS.


People seeking advice on migration law should seek advice from a registered migration agent
 and you should be aware that the law can change tomorrow without notice so you have the responsibility to keep up to date.