Auckland (Avneet Kaur)Two Indian men from Jammu and Kashmir who sought refuge in New Zealand claiming they faced threats and abuse over their alleged same-sex relationship have now been ordered to leave the country after immigration authorities rejected their claims and dismissed their appeals.
The two indian men, both in their late 20s, had arrived in New Zealand in 2023 and applied for refugee and protected person status, arguing they fled India due to family violence, social pressure and alleged police mistreatment linked to their relationship. They claimed they travelled to New Zealand together hoping to build a safer life as a couple away from hostility back home.
However, the Immigration and Protection Tribunal has ruled that the pair failed to convince authorities they were genuinely in a same-sex relationship, describing several parts of their account as inconsistent and lacking credibility.
In its decision, the tribunal reportedly rejected almost every major aspect of the men’s claims, concluding their version of events could not be relied upon. The ruling stated the pair had failed to establish they were gay men facing persecution in India.
The men had alleged they first met at a wedding in Jammu in 2021 before later falling in love and attempting to relocate to Amritsar after their families allegedly discovered the relationship. They claimed relatives tracked them down, assaulted them and handed them over to police, who allegedly detained and assaulted them because they were gay.
But the tribunal identified multiple contradictions between the pair’s written statements, oral evidence and previous refugee interviews. Authorities reportedly questioned inconsistencies about how often the two spent time together, details surrounding their alleged escape to Amritsar and conflicting accounts about how they were brought back home by family members.
The tribunal also reportedly found it difficult to accept parts of their explanation surrounding police involvement, particularly claims that they later voluntarily returned to the same police station where they allegedly suffered abuse in order to seek assistance to live together legally.
Another major concern raised in the ruling was the lack of historical evidence proving the relationship existed before arriving in New Zealand. The pair reportedly failed to provide older photographs, messages or communication records from India and claimed their families had deleted material from their phones.
The men later appealed on humanitarian grounds, arguing deportation would expose them to discrimination, social hardship and economic difficulties in India. However, those appeals were also dismissed.
While the tribunal acknowledged that LGBTQ individuals can face discrimination in parts of India and accepted there are broader social and economic challenges in Jammu and Kashmir, it concluded the two men had not proven they personally faced a real risk of persecution or serious harm if returned.
The ruling also noted the pair had spent around two-and-a-half years in New Zealand, working in horticulture and sharing accommodation, but authorities found their overall ties to New Zealand remained limited while their strongest family connections were still in India.
Following the dismissal of both refugee and humanitarian appeals, the two men are now liable for deportation under New Zealand immigration law.
