Two Indian men who sought asylum in New Zealand on the basis of an alleged gay relationship are facing deportation after an immigration court rejected their appeal, finding key parts of their stories not credible.The Immigration and Protection Tribunal found that the two men, both from Jammu state and in their late 20s, had failed to prove they were in a genuine same-sex relationship. As a result, their asylum requests and humanitarian requests were rejected.According to New Zealand-based newspaper Awaaz, the men said they fled India in 2023 after facing threats, violence from family members and abuse by police over their relationship.
They said they moved to New Zealand to live safely together as a married couple.However, in a recent decision, the court dismissed their appeal, concluding that significant parts of their evidence were inconsistent and unreliable.The court ruled as follows: “The appellants’ version that they were in a same-sex relationship and that they faced difficulties with their families and the police in Jammu… is not true.”
It also found that “no weight could be placed” on their claim that they were in a romantic relationship, and dismissed their claims of persecution.Furthermore, the court found several inconsistencies in the men’s statements, including different accounts of how many times they met, how they traveled together and how they were returned to Jammu after escaping.In one case, the court cited conflicting statements about whether they had been transported together in the same car or separately, stating that these details were more likely to be remembered if the events had actually occurred.The decision also raised concerns about other aspects of their testimony, including their employment histories and interactions with police. Court members said there were contradictions in the evidence presented.The men were also unable to provide supporting material such as letters, photographs or other records that could help prove a relationship existed before they arrived in New Zealand.
They claimed that evidence had been deleted by family members, but the court said it was not convinced by that explanation.The court said the applicants had failed to prove that they personally faced a real risk of persecution or serious harm in India that would qualify them for protection under New Zealand law. The court also rejected arguments based on economic hardship and social hardship in their area of origin, ruling that such conditions did not meet the threshold for humanitarian relief.The couple had been living in New Zealand for about two and a half years, where they worked and shared housing. However, the court concluded that their ties to India remained stronger, noting that close family ties still existed there.Their appeals were rejected under immigration law, leaving both men vulnerable to deportation.
