Sex photos needed to prove homosexuality?

Federal Court: "There are a number of troubling aspects of the Tribunal’s reasoning which could, at an impressionistic level at this stage, give rise to a successful appeal. Just by way of example, they include the following... The Tribunal appears to have held it against the applicant that he failed to provide explicit photographs of him and his partner engaging in homosexual sex to prove that he is homosexual".

To avoid doubt, the writer is not expressing an opinion about any decision, court, judge, justice, tribunal or any other bodies or individuals. This is a mere extract of a decision and should not be interpreted in any other way.

The Tribunal affirmed the Minister's decision to refuse to grant the Appellant a protection visa.

The Appellant then applied to the Federal Circuit Court (FCCA) for judicial review of the Tribunal's decision, but that application was dismissed. The Appellant eventually appealed the FCCA's decision to the Federal Court (FCA).

The FCA gave an "interim" judgement which included the paragraphs contained in the extract below.

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