1513200 (Refugee)

The applicant, Mr A, sought protection in Australia on refugee and complementary protection grounds. The dispute concerned whether he faced persecution in Turkey due to his sexual orientation and whether state protection was available to him. The Administrative Appeals Tribunal (AAT) was required to determine these issues.

The Tribunal considered Mr A's claims of being targeted for being gay at school and experiencing assaults when engaging in consensual homosexual acts in public places. These incidents involved being caught by others, including colleagues and a boss, leading to physical assaults and, in one instance, police involvement. Mr A also claimed to have been verbally humiliated by police and subsequently beaten by officers on the way home, though he was not charged with any offence. The Tribunal noted that consensual same-sex relations between adults in private are not prohibited under Turkish law, but laws against public indecency exist.

The Tribunal's reasoning focused on the credibility of Mr A's claims and the availability of state protection. It was noted that Mr A was unrepresented at the initial Tribunal hearing. The Tribunal found that while Mr A had experienced assaults, the evidence did not establish that these were instigated or condoned by the Turkish state, nor that the state failed to provide adequate protection. The Tribunal concluded that the decision under review, which denied protection, should be affirmed.