Guest The Pom Queen Posted January 3, 2014 Share Posted January 3, 2014 A gay man who has been living in Brisbane for four years will be deported next week after his application for a partnership visa was refused. This will put him at risk of being jailed in the country of his birth for being openly homosexual. Ali Choudhry grew up in the United States and has few contacts in Pakistan. He cannot read or write the local language. He has been in a relationship with Brisbane brain surgeon Dr Matthew Hynd for the past four years. Mr Choudhry and Dr Hynd were one of the first gay couples in Queensland to register their civil union on March 12, 2012. It was a significant day that they celebrated with family and friends. Marriage equality and things like that ... really do need to happen and happen soon. Ali Choudhry Nearly two years later, Mr Choudhry's application for a visa recognising his relationship with Dr Hynd has been refused. He says he cannot understand why theirs is not considered a legitimate long-term partnership. "We applied for a partnership visa to try and keep me here, and keep us together," he said. "For us, for whatever reason, it took about two years, and then even after all that time, it came back as a no." Immigration Minister rejects appeal Mr Choudhry faces harassment and possible life imprisonment in Pakistan for being gay. Dr Hynd says they do not know what to do. "The worst case is, Ali will be deported next week on his birthday," he said. "You know, what do we do now? To go back to a country where, you know, there is life imprisonment for being gay. "And, I mean, he grew up in America, he's never lived in Pakistan. "By country of birth, yes, but this is a country where he doesn't read the language - he can speak it - but how are you supposed to then get a job?" Mr Choudhry lost all his possessions in the Brisbane floods. He has since set up a photography business in Brisbane, but is preparing for deportation on January 8. "Marriage equality and things like that are things that really do need to happen and happen soon, sooner than later," Mr Choudhry said. Two weeks ago, he was notified that he must leave Australia after his visa review application to Immigration Minister Scott Morrison was also rejected. Mr Choudhry has now lodged an appeal to the Migration Review Tribunal, but may not find out if that application is accepted before his deportation. Mr Morrison was not available for interview. His spokesman said in a statement that same-sex couples are assessed no differently from heterosexual couples regarding immigration matters. The spokesman said while they cannot comment on individual cases for privacy reasons, all applicants must meet relevant criteria to be granted a visa and that these extend beyond whether there is a genuine and ongoing relationship. Dr Hynd says the ramifications of the visa rejection for both of them are dire. "We have no idea what else we can do other than invite maybe the Immigration Minister into our bed and say, hey, this is two guys sleeping in the same bed. "If you do not believe that, you know, we're in a relationship, then I just don't know." http://www.abc.net.au/news/2014-01-03/gay-man-faces-deportation-to-pakistan-as-relationship-not-recog/5183462?section=australianetworknews Link to comment Share on other sites More sharing options...
Guest The Pom Queen Posted January 3, 2014 Share Posted January 3, 2014 Can they really do that? I thought Gays were treat as equals. I am presuming they must have been refused for other reasons and we are not hearing the full story Link to comment Share on other sites More sharing options...
blossom Posted January 3, 2014 Share Posted January 3, 2014 They say in it that gay people are assessed on the same criteria as heterosexual couples. There has to be a reason. Presumably it isn't medical as he is stating that they haven't recognised theirs as a legitimate relationship. I wonder if they hadn't lived together for a year at the time of application. It doesn't matter how long they have now, it's all about time of application. The review thingy takes about 18 months, so it's possible that they hadn't lived together that long when they applied. It is annoying when these stories don't list the full facts. Link to comment Share on other sites More sharing options...
BritChickx Posted January 3, 2014 Share Posted January 3, 2014 Maybe he just didn't have enough evidence? They would never say it's refused because of being a same sex relationship.... Link to comment Share on other sites More sharing options...
Freckleface Posted January 3, 2014 Share Posted January 3, 2014 Given plenty of other gay couples get partner visas etc without any problem there must be more to this story. Link to comment Share on other sites More sharing options...
Rossmoyne Posted January 3, 2014 Share Posted January 3, 2014 Immigration would have known that this would cause waves when it hit the media, so there has to be a very good reason for the visa to be refused. It seems that only one side of the situation is being aired publicly. Link to comment Share on other sites More sharing options...
ramot Posted January 3, 2014 Share Posted January 3, 2014 Doesn't quite make sense. Have just heard a report on the local news, said they have been together 4 years? Or possibly applicant had been in Aus for 4 years, as was on a student visa before, it wasn't clear. Then it was reported they had applied for not sure which visa, but it was refused as they have only been together 18 months. I don't know if QLD is different, but in NSW, you can register as a de facto couple, and then apply for partner visa, if granted you have a 2 year temp visa. Then if you are still together for those 2 years, you apply to make it permanent. So something doesn't add up. Doubt we will never know, unless it stays news. the implication was that they had applied before the 2 years, but it was all a bit vague. Link to comment Share on other sites More sharing options...
ramot Posted January 3, 2014 Share Posted January 3, 2014 Sorry didn't mean to post twice, tried to edit first post !!!! Link to comment Share on other sites More sharing options...
Pommyaussie Posted January 3, 2014 Share Posted January 3, 2014 Something not quite right here. Gay couples have the same rights as heterosexual couples therefore it probably means they did not meet the criteria. I hope this is the case otherwise if they have been singled out I hope they take it to the high court. Link to comment Share on other sites More sharing options...
Guest The Pom Queen Posted January 3, 2014 Share Posted January 3, 2014 Sorry didn't mean to post twice, tried to edit first post !!!! No worries Hun, I will delete the first one for you Link to comment Share on other sites More sharing options...
blossom Posted January 3, 2014 Share Posted January 3, 2014 Something not quite right here. Gay couples have the same rights as heterosexual couples therefore it probably means they did not meet the criteria. I hope this is the case otherwise if they have been singled out I hope they take it to the high court. If they HAD been singled out the migration review tribunal would have over turned it. They didn't so it was something they did wrong. My guess is that they had been together for 18 months when they applied but not living together for a year. A straight couple would be turned down for this too. Link to comment Share on other sites More sharing options...
Rossmoyne Posted January 3, 2014 Share Posted January 3, 2014 If they HAD been singled out the migration review tribunal would have over turned it. They didn't so it was something they did wrong. My guess is that they had been together for 18 months when they applied but not living together for a year. A straight couple would be turned down for this too. I wondered about that too. The MRT would have allowed the visa if there had been an error in judgement by the Case Officer managing the application, so obviously they didn't qualify for some reason. Link to comment Share on other sites More sharing options...
Pommyaussie Posted January 3, 2014 Share Posted January 3, 2014 If they HAD been singled out the migration review tribunal would have over turned it. They didn't so it was something they did wrong. My guess is that they had been together for 18 months when they applied but not living together for a year. A straight couple would be turned down for this too. Exactly. Whilst I'm not clear why they were turned down the appeal process would have been followed therefore like you and others have said, I suspect they didn't meet the criteria in which case that's tough, and no different from any other couples. I guess we will see how it pans out. As long as they've been treated like everyone else then they need to follow the same criteria. Link to comment Share on other sites More sharing options...
Sammy1 Posted January 3, 2014 Share Posted January 3, 2014 We have also no idea of the outcome of a police check or if there was any other concern. Australia is one of very few countries that even allows a defacto visa,and without bias, as to whether it is a same sex or hetersexual partnership. Link to comment Share on other sites More sharing options...
Counting Stars Posted January 3, 2014 Share Posted January 3, 2014 I do think there must be something more to the story. There usually is with things like this. Regardless of that it must be hard to be denied a visa especially if it means to be separated from someone you love. Xx Link to comment Share on other sites More sharing options...
Fisher1 Posted January 3, 2014 Share Posted January 3, 2014 I thought this was odd too. Why couldn't he return to the USA if he grew up there? Link to comment Share on other sites More sharing options...
Sammy1 Posted January 3, 2014 Share Posted January 3, 2014 I thought this was odd too. Why couldn't he return to the USA if he grew up there? Perhaps he does not have a green card or holds citizenship there? It could be his parents held a work visa, who knows. Link to comment Share on other sites More sharing options...
lebourvellec Posted January 3, 2014 Share Posted January 3, 2014 This story sounds like it has been twisted to make good reading. Sounds like he hasn't yet lodged his appeal to MRT, so the threat of deportation is to make it sound worse. He could apply for asylum visa, if genuinely can't go back to his own country. The likely reason for rejection was lack of evidence, that they registered the relationship and applied straight away for visa. Also doesn't say which visa he was on before and was he allowed to apply onshore for partner visa. Link to comment Share on other sites More sharing options...
jack13 Posted January 4, 2014 Share Posted January 4, 2014 Just shocking and really scarey stuff. I hope this is a misunderstanding as others have implied. feel happy and safe here, probably the best Iv'e felt in years, I really dont want to leave and am very worried about what will happen when In do, but after reading this my problem is a storm in a teacup in comparison. Link to comment Share on other sites More sharing options...
Pommyaussie Posted January 4, 2014 Share Posted January 4, 2014 Just shocking and really scarey stuff. I hope this is a misunderstanding as others have implied. feel happy and safe here, probably the best Iv'e felt in years, I really dont want to leave and am very worried about what will happen when In do, but after reading this my problem is a storm in a teacup in comparison. Why is it shocking and scary? So far it seems everyone is under the impression this couple weren't treated any different to anyone else and it's likely they didn't meet the visa requirements. That is no different to the thousands of applicants each year and the millions before them. If someone doesn't meet the criteria they don't get in. It doesn't so far seem to be anything other than this so it's actually not scary but common sense surely? Link to comment Share on other sites More sharing options...
jack13 Posted January 4, 2014 Share Posted January 4, 2014 The fact the poor guy is risking his life returning to his home country is scarey! Plus I also think the rules cant define every case, sometimes its better they are broken to help people. i just dont see things black and white anymore. Link to comment Share on other sites More sharing options...
Pommyaussie Posted January 4, 2014 Share Posted January 4, 2014 The fact the poor guy is risking his life returning to his home country is scarey! Plus I also think the rules cant define every case, sometimes its better they are broken to help people. i just dont see things black and white anymore. Sometimes people use the same old excuses to get their own way. He's from USA isn't he? Not sure without re-reading it but my impression was they are clutching at straws. Not saying that's happening here but I would think the Aus government won't fall for any of the UK chestnut tricks and will follow the rules for this couple just like any other couple. If not, I hope the government get the book thrown at them. It's not about black and white so much as being fair. Just like no one wants to see a gay couple being disadvantaged due to being a minority, equally so they shouldn't be given preferential treatment just because they are gay. No one should flaunt the rules just because it suits their own agenda. Anyway, let's hope everyone is treated fairly regardless. Link to comment Share on other sites More sharing options...
Rossmoyne Posted January 4, 2014 Share Posted January 4, 2014 Why is it shocking and scary? So far it seems everyone is under the impression this couple weren't treated any different to anyone else and it's likely they didn't meet the visa requirements. That is no different to the thousands of applicants each year and the millions before them. If someone doesn't meet the criteria they don't get in. It doesn't so far seem to be anything other than this so it's actually not scary but common sense surely? Totally agree with your comments, but you have to realise this is "Jack" posting! Link to comment Share on other sites More sharing options...
starlight7 Posted January 4, 2014 Share Posted January 4, 2014 I am sure he wouldn't be persecuted in the US- I can smell fish with this story. Link to comment Share on other sites More sharing options...
Sammy1 Posted January 4, 2014 Share Posted January 4, 2014 I am sure he wouldn't be persecuted in the US- I can smell fish with this story. He is not from the US, he is from Pakistan. He just grew up in the US and may well not have any visa rights there to return and live. Link to comment Share on other sites More sharing options...
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