Refugee Appeal No. 74665/03

No. 74665 (7 July 2004)

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Refugee Appeal No. 74665/03

New Zealand Refugee Status Appeals Authority
No. 74665 (7 July 2004)

Facts

The government of New Zealand (plaintiff) aimed to deport the anonymous applicant for asylum (defendant) after the applicant entered New Zealand from Iran. Initially, the applicant applied for asylum before a refugee-status officer, claiming he had accidentally killed an Iranian Revolutionary Guard in a car accident. The applicant told the refugee-status officer that the Iranian authorities wished to prosecute him because of the accident and his refusal to serve in the military. The refugee-status officer denied the applicant’s claim for asylum, and the applicant appealed to the New Zealand Refugee Status Appeals Authority. Before the appeal hearing, the applicant stated that he wished to add a new ground to his refugee claim. During the appeal hearing, the applicant testified that he actually feared persecution due to his homosexuality. The applicant testified that the morals police had detained him when he was in middle school and threatened him with the death penalty for his activities. The applicant also testified that he had occasional sexual liaisons with other men after he was detained by the morals police. The applicant testified that he was suicidal because of his deep unhappiness at his inability to live a normal life and to have romantic relationships with other men. The applicant testified that his homosexuality was a matter of enjoying loving relationships and that his life would be meaningless otherwise. The applicant testified that he did not present this ground to the prior proceedings because he did not know he could claim refugee status based on his homosexuality.

Rule of Law

Issue

Holding and Reasoning (Haines, J.)

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