Two Indian men who sought asylum in New Zealand based on a claimed same-sex relationship have been ordered to be deported after an immigration tribunal rejected their appeal and found their account was not credible.
As per Awaaz, the Immigration and Protection Tribunal concluded the men, both in their late 20s and originally from Jammu in northern India, had failed to establish that they were in a genuine same-sex relationship, undermining the basis of their refugee and humanitarian claims.
The pair had argued they fled India in 2023 after facing threats, family violence and police abuse linked to their relationship, saying they came to New Zealand to live safely as a couple.
However, in a decision released recently, the tribunal dismissed their appeal, describing key aspects of their evidence as inconsistent, implausible and lacking credibility.
The tribunal ruled,
“The appellants’ account of being in a same-sex relationship together and to have experienced difficulties with their families and the police in Jammu…is false.”
It found “no weight could be placed” on their claim that they were in a romantic relationship and rejected their broader claims of persecution.
The men’s accounts were found to contain multiple inconsistencies, including differing versions of how often they spent time together, how they travelled, and how they were allegedly returned to Jammu after fleeing.
In one example, the tribunal noted conflicting evidence about whether they were taken back together in the same vehicle or separately, stating such details would reasonably be expected to be remembered if their account was true.
The decision also questioned other parts of their evidence, including claims about their employment history and interactions with police, noting gaps and inconsistencies in their testimony.
The tribunal further highlighted the lack of supporting evidence, such as messages, photographs or other records of a relationship before arriving in New Zealand.
While the men claimed such evidence had been deleted by their families, the tribunal did not accept this explanation.
Although the tribunal acknowledged that discrimination against LGBT people and Sikhs exists in India, it found the applicants had not demonstrated a personal risk of persecution or serious harm that met the legal threshold for protection.
It also ruled that general economic hardship or social difficulties in their home region were not sufficient grounds for humanitarian relief.
The pair had lived in New Zealand for around two and a half years, working and sharing accommodation, but the tribunal said their ties to India remained stronger, with family connections still there.
Their appeal was ultimately dismissed under the Immigration Act, leaving them liable for deportation.
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