Before the High Court: Applicants S396/2002 and S395/2002, a gay refugee couple from Bangladesh

Abstract

On 11 October 2002 the High Court granted leave to appeal from a decision of the Full Federal Court, Kabir v Minister for Immigration & Multicultural Affairs (MIMA) (hereinafter Kabir). The case concerns a gay couple from Bangladesh seeking asylum. This marks the first time that a final appellate court anywhere in the world will consider a refugee claim based on the ground of sexual orientation. Refugee decision-makers around the world fo11ow each others rulings closely and the High Court of Australia has played an important role in developing intemational refugee jurisprudence to date. The outcome of this case has the potential to influence decision-making in all refugee-receiving states.