- Refugee cannot return to Iran because of 'queer identity'
Exclusive
A refugee has argued that he should not be sent home because of his 'queer identity', after he was caught smuggling more than 10 kg of methamphetamine to Australia.
The man is now confronted with deportation after the then Minister of Immigration Andrew Giles has canceled his visa and the Administrative Review Tribunal (Art) refused to withdraw the decision.
The 33-year-old is a prison sentence of four years and nine months for his attempted drug trafficking.
It comes after, 10 years ago, Australia offered him a new life when he arrived by boat at the age of 20.
He spent a year in a detention center in South Australia and then moved to Sydney, according to judicial documents. He received a Safe Haven Enterprise Visa (Shev) so that he could stay in the country.
Initially he flourished and met a female partner – a fellow – refugee – with whom he has a three -year -old son who is an Australian citizen. The couple bought a house while he worked as a guard, an Uber driver and then as a carpenter.
But in 2019 he ran an injury on his back and had to stop work.
Andrew Giles, the then Minister of Immigration, canceled the man's visa in July 2024
In October 2023 the man was convicted in the NSW District Court, Campbelltown, to try to import 10.21 kg of methamphetamine into Australia
He became addicted to painkillers and started using heroin.
In October 2023 he was caught in a police tribe and convicted of trying to bring 10.21 kg methamphetamine to Australia, with a street value of around $ 10 million – in what he said was a desperate act to help his family.
During the conviction, however, he did not take responsibility for the offensive and said 'not responsible not my drugs (sic)'.
He was imprisoned and in June 2024 Mr. Giles carried out the mandatory cancellation of his visa.
But the man challenged Mr Giles's decision in the art and last month he was transported from prison to personally attend Sydney's hearing.
His evidence included that he regretted his insult and he had to support his son, who had autism, and his partner, who suffered from depression, fear and obesity.
The art noted that the man said he was afraid to return to Iran because of his 'queer identity', and he would be in danger if he went back.
He originally fled Iran because he had a relationship with a man whose mother reported them to the police. He believed that if he returned, he would be tortured or even killed by the Iranian authorities.
In October 2023 he was caught in a police tribe and convicted of trying to bring 10.21 kg of methamphetamine in Australia (photo image photo)
In a decision on Monday, the art ruled that he did not withstand the character test by the Migration Act.
With a weight of the leadership of the ministerial direction 110, the controversial legacy of Mr. Giles, the art could not find any other reason to withdraw the visa tag.
It turned out that the 'protection of the Australian community and the expectations of the Australian community' outweigh the interests of the partner and the child of the man.
The decision will hinder the man's ability to secure another visa, and he can be deported in the future.
An earlier protection warrant means that he cannot be removed to Iran, but only to a 'safe third country', according to the decision.
