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Home / New Zealand

Tribunal orders gay Balinese woman be deported

Jeremy Wilkinson
By Jeremy Wilkinson
Open Justice multimedia journalist, Palmerston North·NZ Herald·
18 May, 2022 05:00 PM4 mins to read

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A gay Balinese woman has failed in her bid to remain in New Zealand despite claiming that being deported back to her homeland would be dangerous for her.

The woman arrived in New Zealand with her mother in October 2019 and applied for protected status on the grounds that she was at risk of serious harm in Indonesia.

Same sex marriage is illegal in Indonesia and her father has not spoken to her since he found out she was gay, except to try and convince her to seek treatment from a spiritual doctor.

Prior to arriving in New Zealand the woman and her mother had a firecracker thrown at them and their car tyres slashed in what the woman claims was backlash against her sexuality from her community in Bali.

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In a decision released by the Immigration and Protection Tribunal the woman's bid to have protected refugee status in New Zealand was declined, however she was granted a two-month work visa so she can save up enough money to buy a flight home.

"Societal discrimination in Indonesia, even in Bali, means that the LGBT+ community is discriminated against and treated as though they are people with mental illness," her lawyer submitted to the Tribunal on her behalf.

Further submissions state that her father has ostracised her and she wouldn't be able to stay in the family home and she fears her friends would avoid her because of her sexuality.

The Tribunal had to consider whether the woman had exceptional humanitarian circumstances which would make it unjust or unduly harsh for her to be deported from New Zealand.

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"There is significant social stigma against the LGBTQ+ community in Indonesia, especially in areas outside of Bali," it said in its decision.

"In many parts of Indonesia, members of the LGBTQ+ community may be subject to extreme hostility, violent attacks or arrests, such that would constitute serious harm for the purpose of a refugee or protection claim."

However, the Tribunal noted that Bali had historically been open-minded when it came to travellers from the Rainbow community, "with gay bars and hotels welcoming LGBTQ+ tourists."

Sharyn Davies, an anthropologist specialising in gender and sexuality in Indonesia, told Open Justice the tolerance for homosexual people there was drastically different for natives than it was for Westerners.

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"Bali is a gay paradise if you're Westerner who's bringing in money ... not so much if you're a native," she said.

"It's completely different if you're part of that community."

Davies said while there were much worse places in the world to be openly gay, the woman's ability to live a fulfilling life would be curtailed by having to move home.

She also pointed out that being transsexual for an Indonesian native was much more acceptable than being homosexual.

"Being trans makes sense in a way that being gay doesn't. Being trans is realigning your body with who you really are - Indonesians can understand that more," she said.

However, the tribunal didn't see it that way.

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In its decision it said that it couldn't be proved that the firecracker or tyre-slashing incidents were related to the woman's sexuality, and that they were relatively minor incidents.

"Beyond the firecracker and tyre incidents, which have no established link to her sexuality beyond the appellant's suspicion, she described no other harassment or discrimination.

"Although she perceived her friends were more hostile after her relationship began, there were no attempts to harm her or deny her any aspect of social engagement."

The Tribunal found the woman did not meet the criteria for "exceptional circumstances of a humanitarian nature" and that any discrimination she faced upon returning to Bali would not be more severe than she experienced before moving to New Zealand.

"While Balinese society will likely be less open and accepting of the appellant's sexuality than she has experienced in New Zealand, the level of discrimination or societal approbation the appellant will face is likely to be similar to that which she experienced before coming to New Zealand."

Davies said Indonesian culture placed a lot of value on traditional family values.

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"A family's standing in the community is very much contingent on all members. The only way to get recognition is to have all your kids heterosexually married with good jobs and so on," she said.

"Anything outside that has a lot of moral degradation.

"Just being gay is an additional category that's hard to be proud of. "

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