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“THE TRIBUNAL DOES NOT ACCEPT THE APPELLANT’S CLAIM THAT HE IS GAY”

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This article analyzes a case study of written decisions of the Tribunal and the Authority to extrapolate the methods used in practice to assess the credibility of the Appellants in the sexual minority area. Fifty of the appellants self-identified in their claim as "gay" or "homosexual" (all were male); There is an interesting contrast between the approaches in the early years of the Authority and the later years of the Tribunal with regard to appellants who did not speak openly of their strangeness early in their claim.

The Authority's approach in early decisions appears to represent a genuine effort to consider all the circumstances surrounding inconsistencies in an individual's complaint. However, I summarize this decision with caution, as the authority's approach in this case turned out to be problematic. The above examples illustrate that the authority and the court take the consistency (or lack of consistency) in recalling the facts of the complainants as an indication of the credibility of their statement.

Despite this, the Authority and the Court have demonstrated an acknowledgment of the personal factors that can affect the ultimate coherence of one's recollection of the facts and their willingness to nevertheless find the appellants' account credible. For example, in the first and second recalled cases there was evidence that the authority directed questions of a sexual nature to the appellants. Decisions in previous years show the regulator's willingness to consider the appearance of a sexual minority appellant when assessing the credibility of their claim to be queer.

The behavior of the complainant during the hearing is often deliberately described in the decisions of the authority and the court. The credibility of the complainant's statement about their strangeness is often taken into account by the authorities and in court when assessing the credibility of their claim. The authority and the court were not satisfied that these decisions were plausible given the applicant's relocation to New Zealand.

In light of the important considerations of queer applicants to choose to disclose and locate other queer persons in their host country, these comments by the authority and the court. In addition, the decision of the applicant in Refugee Appeal 74151 not to establish romantic relationships was explained by himself, but was rejected by the authority. 199. It is not justified to worry that the appellant will not submit such evidence to prove his claim. 208.

The decisions of the authority and the court contain interesting findings about how corroborating witnesses influenced the assessment of the credibility of the applicants. The three decisions of the Authority and the Tribunal include examples of seemingly random comments about the complainants' consumption of queer media, particularly literature. On the other hand, there were cases where the inclusion of such evidence had a negative impact on the applicant's credibility.

In either case, the testimony of such a witness apparently provides a compelling indication of the appellant's credibility.

VIII BIBLIOGRAPHY

Nicole LaViolette "Sexual Minorities, Migration, and the Remain Boundaries of Canadian Immigration and Refugee Laws" i D Douglas, A Go og S Pashang (red) Unsettled Settlers: Barriers to Integration (De Sitter, Toronto, 2012) 29. Thomas Spijkerboer " Normativity and credibility of sexual orientering in asylum decision making” i T Spijkerboer (red) Fleeing Homophobia (Routledge, Oxford, 2013) 154. Doug Tennent med Katy Armstrong og Peter Moses Immigration and Refugee Law (3. udgave, LexisNexis, Wellington, 2017) .

Jenni Millbank “'The Ring of Truth': A Case Study of Credibility Assessments in Refugee Decisions in Certain Social Groups Int J Refug Law 1. Sean Rehaag “'I Just Don't Believe...': A Case Study of Credibility Findings in Canadian Refugee Judgments WRLSI 38 .A multidisciplinary analysis of the decision-making process of the Immigration and Refugee Board of Canada J Refug Stud 43.

Jason Ward "'Prove It' Working with LBGTQ+ asylum seekers who have to prove their sexuality to stay in the UK Drama Therapy 141. Human Rights Commission Treating asylum seekers with dignity and respect: The economic, social and cultural rights of those seeking protection in New Zealand (Human Rights Commission Debate Paper, June 2017) Department of Business, Innovation and Employment Claiming Refugee and Protection Status in New Zealand (New Zealand Immigration, Wellington, June 2015).

Audrey Macklin "Truth and Consequences: Credibility Determination in the Refugee Context" (paper presented to the International Association of Refugee Law Judges, 1998). Handbook on Procedures and Criteria for the Determination of Refugee Status and Guidelines for International Protection under the 1951 Convention and the 1967 Protocol Relating to the Status of Refugees UNHCR/1P/4/ENG/REV.4 (reissued April 2019). Melissa Poole and Martin Treadwell “Immigration and Protection Tribunal – best practice for appeals” (New Zealand Law Society Seminar, March 2014).

Human Dignity Trust “Map of Countries Criminalizing LGBT People” (27 June 2021) Human Dignity Trust < humandignitytrust.org>. Radio New Zealand “LGBT asylum seekers granted refugee status in NZ” RNZ (online edition, Wellington, 18 June 2017). Male, 35, Russia Homosexuality Homosexual (which should be seen in the context of difficulties with the Russian authorities).

76 Of the claimants who were denied refugee status, the strangeness of how. many turned out not to be credible. 39 Of the claimants who were denied refugee status, the strangeness of how. many were found credible.

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