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In light of the recent conviction in Fiji of Dhirendra Nandan for homosexual sexual acts with Australian Thomas McCosker, with a sentence of two years of imprisonment being imposed, it would appear that homosexuals from Fiji, depending on their personal circumstances, are refugees under the Convention Relating to the Status of Refugees and the Protocol relating to the Status of Refugees of 31 January 1967, unless the appellate court declares the relevant laws unconstitutional under ss35, 37 and 38 of Fiji's constitution.
Homosexuals from Fiji would appear to have a legitimate claim for protection under the Refugees Convention from signatories such as Australia.
If you believe that you are in need of protection under the Refugees Convention in Australia, please contact
David Bitel (Managing Partner).
Further reading
- "The other case of an Australian in trouble a long way from home,"
Sydney Morning Herald,
18 April 2005
- "Victorian jailed in Fiji 'denied rights'," The Age, 15 April 2005
- Fijian court decisions are published by Pacific Island Legal Information Institute (PacLII):
www.paclii.org
19 April 2005
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