Gay man deported from Australia after border agents found PrEP and sex

[Stonecold]

Gay man deported from Australia after border agents found PrEP and sex toys in his luggage


Australian Border Force denies profiling an inbound passenger for looking 'a bit gay'
A German national was forced against his will to get on a flight to Japan after he was refused entry into Australia by border force agents.

He was eventually deported after he was allegedly accused of coming to the country to engage in sex work.

Michael* had been living in Australia for more than two years when he took a week-long trip to Japan after his tourist visa expired. He flew back into the country Sunday morning with the hope of applying for a partner visa with his boyfriend, Andrew*.

However, before he going through immigration Michael was stopped by Australian Border Force (ABF) agents.

Andrew alleged that his boyfriend was profiled by the agents because he ‘looks a bit gay’ and after being profiled was asked to open his suitcase for his agents.

It was in his suitcase that they found PrEP tablets (the HIV preventative medication: Pre-Exposure Prophylaxis) and some sex toys. It is not illegal to bring PrEP or sex toys into Australia for personal use.


Andrew has had limited communication with Michael who was detained after his luggage was searched, but was very upset for his boyfriend who he wanted to return to Australia to make their relationship official. By applying for a partnership visa, the two men would be able to live together without issue in Australia.

‘They had no reason to inspect his luggage, we haven’t been given a lot of information,’ he told Gay Star News.

‘They controlled his communication and they let him phone only with a device they gave him and a number that they dialled.

‘They strong armed him into giving his phone.’
Sex work

Upon his detainment ABF guards went through Michael’s phone when they reportedly found some text messages on it that they allegedly believed prove he was planning on engaging in paid sex work while in Australia.

Michael was planning on living in Sydney, in the state of New South Wales (NSW). Sex work has been decriminalized since 1995 in NSW. While sex work is not illegal in NSW, engaging in paid work may have violated the visa he was entering the country on.

Andrew was clear that he had spoken to Michael only briefly, but was sure he had got most of the information from him about what happened. He also claimed Michael was not told he could have access to a lawyer.

Michael says Andrew was given a short opportunity to speak to a lawyer yesterday afternoon, but it is not believed to have been enough time to get sufficient advice about a substantive visa.

He was then advised by another lawyer, Sarah Smith, ‘to apply for a substantive visa to allow us three days to take it to an appeal tribunal. He was not allowed to make the application by Border Force staff.

‘We applied for Sarah Smith to be accorded an exempt persons status via the 956 form so she could provide immigration advice. Michael confirmed that he received and signed the form.

‘After the application was submitted, and signed by Michael, Border Force cut all contact between Michael and us, and the next we heard was from Michael at the airport.

‘They continued to refuse to disclose his location to myself, Sarah, or Michael, or even facilitate contact.’

ABF eventually put Michael back on a flight to Japan from the northern city, Cairns.
Border Force denials

A spokesperson for the Department of Immigration and Border Protection told Gay Star News, it ‘cannot comment on details of individual cases’ and that it denies profiling people based on sexuality.

‘[ABF] strongly refutes any claims of discrimination in this matter,’ the spokesperson said.

‘People who have previously breached their visa conditions, especially the ‘no work’ right condition, may have their visas cancelled upon arrival in Australia and may face removal. Those who arrive in Australia without the appropriate visa may be turned-around at the airport and returned home.

‘Clients in an immigration detention facility are able to have contact with their legal advisor in line with departmental policy and procedures.’

I am hoping one of our Australian members can add more light to this story.

 

[W!nston]

Gays in Australia have a long road ahead of them still even after the overwhelming approval of the country's voters to allow Gay Marriage.

It's not only Australia by any means. It's everywhere. Old prejudices die hard especially those against Gays.

 

[brmstn69]

Wow, so there is a "civilized" country even more fucked up than the US...

 

[jeansGuyOZ]

I don't think the issue was about whether or not he was gay or about the nature of the work, but rather the fact that he was (allegedly) intending to work in breach of his visa conditions. That's not to say I agree with the way he was treated, but it's important to separate the issues.

 

[haiducii]

Wow, so there is a "civilized" country even more fucked up than the US...

:rofl:

It's hard to believe ...

 

[turkeyboy]

Australian Border Force are very diligent in the types of visas people enter into the country on. Once a passenger is deported, they are not allowed into the country again for a period of 3 years. This is yet another reason why people MUST be truthful about their intentions upon entering Australia.
This is most probably the real reason why this gentleman was deported.

 

[W!nston]

However, before he going through immigration Michael was stopped by Australian Border Force (ABF) agents.

Andrew alleged that his boyfriend was profiled by the agents because he ‘looks a bit gay’ and after being profiled was asked to open his suitcase for his agents.

It was in his suitcase that they found PrEP tablets (the HIV preventative medication: Pre-Exposure Prophylaxis) and some sex toys. It is not illegal to bring PrEP or sex toys into Australia for personal use.


Andrew has had limited communication with Michael who was detained after his luggage was searched, but was very upset for his boyfriend who he wanted to return to Australia to make their relationship official. By applying for a partnership visa, the two men would be able to live together without issue in Australia.

‘They had no reason to inspect his luggage, we haven’t been given a lot of information,’ he told Gay Star News.

‘They controlled his communication and they let him phone only with a device they gave him and a number that they dialled.

‘They strong armed him into giving his phone.’
Sex work

Upon his detainment ABF guards went through Michael’s phone when they reportedly found some text messages on it that they allegedly believed prove he was planning on engaging in paid sex work while in Australia.

The italicized parts of the above quote from the article suggest he was indeed profiled as a Gay tramp and the agents used that profiling to search his luggage and his phone. That seems a little suspicious to me.

Just sayin' ...

 

[zortek]

allow me to italicize, and even bolden (sic) the most relevant section of text

Michael* had been living in Australia for more than two years when he took a week-long trip to Japan after his tourist visa expired. He flew back into the country Sunday morning with the hope of applying for a partner visa with his boyfriend, Andrew*.

ie - he had no visa

question .. can someone land in the united states and organise their visa when they have landed .. that is .. can someone enter the usa without a visa?

i am calling a significant amount of bullshit on this story.

the visa, or lack of it, is the issue.

1. there are 4 main types of visa here 1) tourist 2) working 3) student and 4) asylum

a working visa allows you to work, a student visa allows the student to work for up to 20 hrs per week, an asylum visa provides for a pathway to work for the holder ... and the tourist visa is just that - no working permitted.

i have had more than a couple of friends (both citizens and foreign nationals) entering or returning (both citizens and foreign nationals) to the country with quite a range of toys and clothing that have raised eyebrows but presented no problems - their visas were in order

this story has had absolutely no profile here, and believe me, it is the type of story that local activist groups would be all over if there was any depth to it.
instead, searching for it, the results point toward two uk publications, one of which provides a link to one australian publication - and that publication is not the most reliable source of news.

the lack of any verifiable sourcing also raises my doubts

one last point - about 6 months ago i became an acquaintance then friend (not client) of a guy from brazil who was here on a working visa to do escort work .. he had no problems entering the country, or while he was in the country. escort work here is legal, provided you are licensed. he will be returning in february for an encore tour, and has his visa and license organised already.

with regard to the partner visa - it is required that the relationship has been registered with the state of residence, or with an embassy or consulate overseas. after registration the application for that visa can be made.


to quote again - Those who arrive in Australia without the appropriate visa may be turned-around at the airport and returned home


this is what has happened .. everything else in this story seems secondary if not irrelevant, if not completely lacking in veracity.

i find it amazing that a "couple" serious about building a life together could be so completely ignorant of the steps involved - others do it regularly without any problems



Just sayin' ...

 

[jeansGuyOZ]

to quote again - Those who arrive in Australia without the appropriate visa may be turned-around at the airport and returned home

Exactly, and that's the case with any other country too, as far as I am aware. The only exception would be if you were trying to seek political asylum or claim refugee status.

 

[Stonecold]

Human rights advocate and attorney Sarah Smith, who usually works with refugees and humanitarian visas, stepped in to assist with the case.

“I routinely deal with ABF,” she said.

“I’m extremely concerned that this young man’s human rights have been infringed upon to this degree.”

Smith said she last night submitted a form 956, allowing her to act as the man’s representative and access the doents surrounding the incident, including any evidence against the man.

“We submitted that form, it was signed by me, [the man] received it and he signed it,” she said.

“From that point on, all of my contact with him was just rejected. I could not get through to him on the phone. The officers guarding him refused to give me any answers as to his whereabouts.

“The next thing I heard from him, he rang me and said, ‘I’m at the airport, they’re about to put me on a plane’.”

Smith wanted the man to apply for a substantive visa, which would have allowed a three-day window to appeal any decision.

“They wouldn’t even allow him to apply for it,” she said.

“This is very normal for ABF. I deal with deportations every week and it’s always the exact same behaviour.

“And that’s how I know that he was profiled for being… a visibly gay man.

“ABF officers are incredibly racist and incredibly homophobic. They routinely make homophobic remarks to their charges. There’s a real culture of thuggery.

“Without question it was a homophobic ABF officer who pulled him over to open up his suitcase, and then upon finding the sex toys and the PrEP, they’ve decided to detain him and seize his phone.”

The couple have been together almost a year, and will now be apart for Christmas and their first anniversary.

The man has been living in Australia for over two years, and his partner said they had been exploring options such as a partner visa for him to stay permanently.

“We were waiting on the change of legislation,” said his partner.

“Part of me thinks if [marriage equality had been legislated faster] we may have been on some kind of partner visa now.”

His partner said he is “outraged and upset” over the man’s deportation and his alleged treatment.

“[ABF] strongly refutes any claims of discrimination in this matter,” said a spokesperson, according to Gay Star News.

“People who have previously breached their visa conditions, especially the ‘no work’ right condition, may have their visas cancelled upon arrival in Australia and may face removal. Those who arrive in Australia without the appropriate visa may be turned-around at the airport and returned home.

“Clients in an immigration detention facility are able to have contact with their legal advisor in line with departmental policy and procedures.”
Unlike the UK and the United States, Australia also bans HIV-positive travelers who plan on staying in the country for more than 90 days.

http://www.newnownext.com/gay-man-deported-from-australia-after-prep-found-in-his-luggage/12/2017/

I don't think anyone is saying Australia doesn't have a right to deport this man, I think it is the manner in which it was done. This Australian human rights attorney may be one that would bitch about anything I have no idea. I just find the fact the story is not getting any news coverage in Australia a little odd. I am from the US and I am not saying we do any better, I know people here that will not leave the US that have a visa because they are scared they won't get back in even with a proper visa.

 

[zortek]

perhaps it is easier for a news organisation here in australia to investigate, rather than relying on press releases for news content

 

[Stonecold]

I agree and hopefully they will.

 

[jeansGuyOZ]

Did this incident actually happen? After several days, I have seen no mention of it on any national news site; using the sites' search facilities returns nothing; and nor is there any mention in the gay media. How reputable is this source that the original report came from?

 

[topdog]

Did this incident actually happen?...

What we have here a study in non-journalism.

We have heard nothing from this alleged victim. No reporter has spoken to him. No one even knows where he is. No one knows his name. I think that asking whether he exists is a good question. Who in the media is asking it?

Maybe more people are working on it than we know. This was picked up by the blog-oriented gay sites (Pink News, Towleroad) but not by more news oriented sites like the Washington Blade. And you are right - not at all by the main stream press. In short, no outlet that makes their living based on their editorial standards has touched this story.

What we have here is a man contacting a blog site saying that his boyfriend was turned away at the border. He did not allow his name to be used. There is no source that has confirmed that something happened.

This is probably why no one else is touching the story. They may have reporters working on it - but until they at least get confirmation or can talk directly with the alleged victim, there is nothing to report.

This is why journalism is important. It stops stories like this from going out until there is something to report. An anonymous guy with a story isn't enough.