A Bangladeshi gay couple seeking to stay in Australia...

A Bangladeshi gay couple seeking to stay in Australia because they fear death at home won a landmark appeal in the High Court and a refugee tribunal was told to re-evalutate their claim. The men fled their homeland and arrived in Australia in February 1999, claiming protection as refugees from gay persecution in what is believed to be the first case of its kind in the world.
Their application was initially rejected and the Refugee Review Tribunal raised doubts about their credibility and claims they were forced to leave their Dhaka home, lost their jobs, and were stoned and whipped when their homosexuality became known.
The tribunal said the men had conducted themselves discreetly in the past and rejected claims that they had suffered -- or would continue to suffer -- serious harm if they returned to Bangladesh.
But the men appealed, claiming they would be killed if they returned to Bangladesh as a local Islamic council had issued a fatwah or death sentence on them.
The High Court, by a four to three majority, allowed the men's appeal and ordered the Refugee Review Tribunal to re-examine its earlier decision denying asylum.
"Having determined that homosexuality was unacceptable in Bangladesh and could lead to potential harm such as being bashed by police, the Refugee Review Tribunal erred in then holding that the men did not have a well-founded fear of persecution," the High Court said in a statement.
Their names cannot be published under Australian law.