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A Pakistani man has had his case for asylum rejected by the High Court even though he feared persecution back home for his homosexuality.
The court on Wednesday ruled that the Refugee Review Tribunal's rejection of his claim was not so illogical or irrational that it would give rise to a jurisdictional error.
The 44-year-old man, identified only as SZMDS, arrived in Australia in July 2007 and applied for protection on the basis of his fear of persecution in Pakistan due to his homosexuality.
He was married to a Pakistani woman, with four children, and lived largely in the United Arab Emirates from 2004 before seeking protection in Australia.
The man claimed that while in the UAE he developed an attraction to other men. He began a relationship with another man and eventually a third.
The relationship ended after the third man bashed and threatened the other two when confronted over certain issues.
The tribunal was not satisfied SZMDS was in fact homosexual or fearing of persecution.
He had returned to Pakistan for three weeks in May-June 2007 and failed to seek asylum when he briefly visited the United Kingdom in 2006.
It found that was inconsistent with his claim to fear persecution in Pakistan.
The Federal Court ruled in his favour, finding the tribunal fell into jurisdictional error, but an appeal to the High Court by Immigration Minister Chris Evans was successful.
By majority, the court found that it was open to the tribunal to reject the man's claimed fear of persecution on the grounds that it did.
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