LGBTI Protection Visa Interview Questions

LGBTI Protection Visa Interview Questions are the questions a Department officer asks to understand an applicant's sexual orientation, gender identity or intersex status, and the harm they fear if returned. Most applicants expect the officer to ask them to prove they are gay, lesbian, bisexual, transgender or intersex. That is not how the interview is designed. LGBTI Protection Visa Interview Questions follow a structure set out in the Department's own processing guidelines, and that structure is about the applicant's life, not a test with right answers.

This article sets out the topics those questions cover, based on Annexure 6 of the Department's Protection Visa Processing Guidelines, and explains how to prepare truthful, detailed answers for each topic. It is written for people who have lodged, or are about to lodge, a Subclass 866 protection visa application on sexual orientation or gender identity grounds.

What are LGBTI Protection Visa Interview Questions about?

LGBTI Protection Visa Interview Questions are about the applicant's experiences of being LGBTI, and of being treated as LGBTI, in their home country and in Australia. The Department's guidelines recognise that there is often little or no documentary evidence in these claims. The applicant's own account is usually the main evidence, so the interview is where that account is explored.

Annexure 6 lists experiences that people who identify as LGBTIQ+ may have in common. These include:

• self-realisation of their sexual orientation or gender identity;
• a sense of difference or shame;
• concealing or hiding their identity;
• revealing their sexual orientation or gender identity to others;
• exposure to ideas of pride or self-acceptance;
• opposition or exclusion from family or community;
• attempts to conform to family or cultural expectations to avoid mistreatment; and
• experiences of mistreatment.

The guidelines state that asking sensitive questions about these experiences is the most useful way to obtain information about an applicant's sexual orientation and gender identity. They also state that it is important to explore what these concepts and experiences mean to the applicant. That one point explains most LGBTI Protection Visa Interview Questions. The officer wants to hear the applicant describe their own life, in their own words, with the detail that only a person who lived it can give.

The broader legal test for these claims is explained in the guide to LGBTI protection visas in Australia.

Why LGBTI Protection Visa Interview Questions focus on "why" and not "what"

The Department's guidelines state that "why" questions are often more useful than "what" or "how" questions. An officer who asks "what happened" will get a list of events. An officer who asks "why did you not tell your mother" or "why did you agree to the engagement" will get the reasoning, fear and feeling behind the events.

The guidelines also allow officers to use the language in the applicant's statement as a "hook". If the written claim uses words such as "shame", "difference" or "fear", the officer can use those words to guide the interview. This has a practical consequence. Every important word in the statement may become a question. An applicant who wrote that they felt "different" as a child should expect to be asked when that started, what it felt like, and what they did about it.

The guidelines also tell officers not to arrive with a memorised list. Officers are expected to understand the guidance and tailor their LGBTI Protection Visa Interview Questions to the mood and content of the interview. For the applicant, that means there is no standard list to learn. Preparation has to be about the applicant's own history.

How officers then weigh the answers, and which questions officers must not ask, is covered in a separate article on credibility in this series. The general guide to protection visa interview questions covers the identity, travel and harm questions asked in every protection interview.

How the interview usually starts: background and identity

The first LGBTI Protection Visa Interview Questions are usually not about sexuality at all. The guidelines on building rapport tell officers to begin with questions not directly related to sexual orientation or gender identity, such as biographical details. Officers are also encouraged to give a clear outline at the start, for example that the interview will begin with identity and family and then move to the claims.

Expect early questions about:

• full name, date and place of birth, and any other names used;
• nationality, identity documents and how they were obtained;
• education and work history;
• where the applicant lived, and with whom, before leaving;
• how and when the applicant travelled to Australia.

These questions matter more than many applicants think. They fix the timeline against which every later answer is checked. A mistake about where the applicant lived in a particular year can later make an account of a relationship in that city look inconsistent. The answers should match the application form and the statement. If anything in the form was wrong, it should be corrected before the interview, not discovered during it.

LGBTI Protection Visa Interview Questions about family

LGBTI Protection Visa Interview Questions about family explore the applicant's relationships with family members, whether the family knows, and how the family reacted or would react. Annexure 6 lists appropriate lines of enquiry that include:

• past and current relationships with family members;
• the last contact with family members;
• the experience of disclosing sexual orientation or gender identity to the family, and to which family members;
• how family members responded to learning or discovering it, including threats or actual harm;
• experiences of loss or exclusion;
• how the applicant hid their sexual orientation or gender identity from the family; and
• the applicant's sense of responsibility to family, including expectations of marriage and having children.

The guidelines state plainly that some applicants may be married, divorced, have had previous non-LGBTIQ+ relationships or have children, and that these factors do not mean the applicant is not LGBTIQ+. They go further. If the applicant can give a consistent and reasonable explanation for why they married, were in a non-LGBTIQ+ relationship or have children, that part of their testimony should be found credible.

To prepare, the applicant should be able to explain, in their own words:

• who in the family knows, how they found out, and what they said or did;
• who does not know, and why the applicant has kept it from them;
• any pressure to marry, who applied it, and how the applicant responded;
• if married, why they married, what the marriage was like, and how they see its future; and
• what contact they have with family now, and whether that contact has changed.

A common weakness in answers to LGBTI Protection Visa Interview Questions about family is an answer that says only "my family would kill me". That may be true. The officer will still want to know which family members, why the applicant believes it, what has already been said or done, and what the family's standing is in the community.

LGBTI Protection Visa Interview Questions about self-awareness and identity

LGBTI Protection Visa Interview Questions about self-awareness explore when and how the applicant came to understand their sexual orientation or gender identity, and what that understanding has meant for their life. The guidelines describe questions about self-realisation or "coming out", in the home country or in Australia, as a useful way to get the applicant talking, while noting that this can be traumatic and must be handled sensitively.

Annexure 6 lists these topics:

• feelings of being "different", and when the applicant became aware of them;
• what that sense of difference means and how it affects their life;
• any desire to change themselves, or responses to pressure to conform to family, social or cultural expectations;
• any desire to challenge, or not conform to, imposed gender roles;
• when the applicant developed self-awareness of their sexual orientation or gender identity;
• feelings about their place in the family and community;
• reconciling personal identity with religious views;
• feelings of shame, embarrassment or self-hatred; and
• acceptance or rejection of their sexual orientation.

The guidelines recognise that some applicants have known for a long time, while others experience a slower process of self-realisation. Some do not use the terms gay, lesbian, bisexual or transgender at all, and instead refer to "friends" or casual encounters. That does not defeat a claim if other factors indicate the applicant is LGBTI. The answers to common LGBT protection visa questions explain who is covered. The guidelines also accept that people who grew up in oppressive environments may reach this understanding later in life than is common in Western countries.

Preparing for these questions is not about finding impressive words. It is about memory and honesty. Useful preparation includes thinking through:

• the earliest time the applicant remembers feeling different, and what was happening in their life then;
• the first person they felt attracted to, or the first time they understood their gender did not match what they were told;
• how they felt about it at the time, and whether those feelings changed;
• what religion, family or school taught them about people like them, and how they dealt with that; and
• what words they use for themselves, in their own language, and why.

If the applicant uses a word in their own language that has no direct English equivalent, or a word others use as an insult, they should be ready to explain what it means to them. The guidelines accept that some applicants use derogatory terms because those are the only words available in their language, and that this does not show whether a person is or is not LGBTI.

Questions for transgender and gender diverse applicants

The guidelines direct officers to ask a gender diverse applicant for their gender, name and pronouns at the start, and not to ask blunt questions such as "are you a man or a woman?". Officers may ask sensitively how the applicant identifies, whether they were raised male or female, and whether they are taking any steps to transition, such as changes to clothing, hair, hormones, surgery or legal documents. The guidelines state that not having taken medical or other steps is not evidence that a person is not transgender. The particular risks for transgender applicants are covered in a separate article in this series.

LGBTI Protection Visa Interview Questions about relationships

LGBTI Protection Visa Interview Questions about relationships explore whatever relationships the applicant has had, or the reasons they have not had any. The guidelines state directly that some applicants have never had a close or intimate relationship, and that the absence of relationships does not mean the claim is false. It may be useful for the officer to explore the reasons why.

The appropriate lines of enquiry in Annexure 6 include:

• seeking out or avoiding other LGBTIQ+ people;
• forming particularly close bonds with certain people;
• relationships with peers;
• the history of previous or current relationships, including casual encounters and any heterosexual relationships;
• any change in the applicant's relationship with their religious community;
• the welfare of any partners;
• with whom the applicant celebrates significant events; and
• how the applicant meets partners.

LGBTI Protection Visa Interview Questions of this kind are about the relationship, not about sex. An officer may ask how a couple met, how they kept the relationship secret, what they did together, how it ended, and what happened to the other person. The guidelines also tell officers to investigate what an applicant means by an ambiguous word such as "friend", which may describe anything from an intimate partner to a person known only online.

Preparation for relationship questions should cover, for each relationship that matters to the claim:

• how and where the applicant met the person, and roughly when;
• how the relationship developed and how long it lasted;
• how the couple communicated and where they could meet safely;
• who knew about the relationship, and what risks it created;
• how it ended, and what the applicant knows about the other person now; and
• for a current partner in Australia, how the relationship began and what shared life the couple has.

If the applicant has had no relationships, they should be ready to explain why. The guidelines accept reasons such as avoiding harm, or not yet having met someone who returned the attraction. The honest answer is the one to give. Evidence of a current relationship in Australia, such as messages and photographs of the couple together, can be lodged before the interview, as the guide to the protection visa process explains.

LGBTI Protection Visa Interview Questions about how others saw you

The guidelines include a separate line of enquiry about the perception of others: how family, friends, housemates, classmates, colleagues and the wider community saw the applicant, and what happened when they did. Officers may ask about:

• the applicant's experience of others seeing them as different;
• their experience of coming out to others, if they have;
• if they have not come out, why not, and how they feel about that;
• how friends, housemates and other social contacts see them;
• times others identified their sexual orientation or gender identity;
• actual or perceived non-conformity with gender roles; and
• how people could identify them as LGBTI, and what might happen if they did.

This topic is important because many LGBTI claims are about being perceived, not about being open. Annexure 6 recognises that, in some cases, the harm is caused by a failure to follow traditional gender roles rather than by sexual activity. A man who does not marry, or a woman who refuses to, may attract suspicion whether or not anyone knows the truth. An applicant should be able to describe the moments when others noticed, commented, gossiped, threatened or acted, and what the applicant did to avoid being noticed.

The answer to "how could people identify you, and what would happen" is often the bridge between the applicant's past and the harm feared in the future. It deserves careful thought before the interview, because LGBTI Protection Visa Interview Questions about the future usually build on it.

LGBTI Protection Visa Interview Questions about the harm you fear

LGBTI Protection Visa Interview Questions about harm cover what has already happened to the applicant, what they fear will happen on return, who they fear, and why. The claims section of Annexure 6 lists topics including:

• treatment by family, community and authorities;
• bullying, shaming or exclusion, including at school;
• methods used to avoid mistreatment or hide identity;
• forced marriage or pressure to marry;
• knowledge of continuing threats or risks;
• reasons for leaving the home country;
• the reason the persecutor gave for any past harm;
• interaction with authorities in the home country;
• the nature of the future harm feared;
• knowledge of others in a similar situation who were harmed;
• discrimination in employment, housing and medical care;
• physical safety and access to police or other protection; and
• experiences of stigma and isolation.

These questions connect the applicant's identity to the legal test. The officer is assessing whether there is a real chance of serious harm, or a real risk of significant harm, and whether protection or relocation is available. The guidelines recognise that an applicant may have suffered a lifetime of discrimination that cumulatively amounts to serious or significant harm, without one single event that meets the threshold on its own. An applicant should therefore describe the pattern of their life, not only the worst incident.

Officers are told that detailed questions about a traumatic event, particularly sexual violence, are not appropriate. The applicant can say that an event happened and how it affected them without being pressed for graphic detail. The complementary protection pathway, which covers some of these risks differently, is explained in the guide to complementary protection for LGBTI applicants.

LGBTI Protection Visa Interview Questions about police and relocation are also common. The applicant should be ready to explain whether they ever went to the police, and why or why not, and why moving to another city would not make them safe.

LGBTI Protection Visa Interview Questions about community, in Australia and elsewhere

LGBTI Protection Visa Interview Questions about community ask whether the applicant has links with LGBTI people or organisations, in the home country, in any country they passed through, or in Australia. Annexure 6 suggests questions about:

• knowledge of, or interaction with, other LGBTIQ+ people;
• use of social media;
• participation in advocacy or LGBTIQ+ organisations;
• plans for the future;
• how LGBTIQ+ people meet in the home country; and
• any connections with the LGBTIQ+ community in Australia, and how they were made.

The guidelines contain two points of balance here. First, officers should not assume an applicant will be involved with an LGBTIQ+ community simply because they are now in Australia. Many applicants live with, work with or depend on people from their own country, and being "out" in those circles may be dangerous for them or their family. Second, where an applicant has not become involved in community life in Australia, officers should explore why. And where an applicant says they have, the officer may test that claim with further questions.

So the applicant should prepare to explain, truthfully, either their involvement or their reasons for staying away. If they attend a group, they should be able to describe it: where it meets, how they found it, who they know there, and what it has meant to them. If they do not, they should be able to explain what stops them. Both answers can be consistent with a genuine claim. An answer that exaggerates involvement is the one that causes damage.

An applicant who passed through other countries should also be ready to explain what happened there. The guidelines tell officers to ask about transit sensitively.

How to prepare truthful, detailed answers to LGBTI Protection Visa Interview Questions

Good preparation for LGBTI Protection Visa Interview Questions is a detailed, honest review of the applicant's own history, checked against the written statement, before the interview date. It is not a list of model answers. Officers are expected to tailor their questions, and a rehearsed answer usually sounds rehearsed.

Practical preparation includes:

• Re-read the statement and the application form. Every important word in the statement may be used as a hook for questions. The applicant should read it slowly and ask: can I explain each sentence in more detail?
• Build a personal timeline. Write down, for private use, the main events in order: school, work, where the applicant lived, relationships, the times family or others found out, incidents of harm, and the journey to Australia. Approximate dates are fine, and it is better to say "I do not remember" than to guess.
• Think about feelings and reasons, not only events. For each important event, ask why it happened, why the applicant acted as they did, and how it felt. These are the "why" questions the guidelines recommend.
• Prepare for the difficult topics. Marriage, children, opposite-sex relationships, having no relationships, late disclosure or not being part of a community in Australia will all be explored. The applicant should know their own honest explanation.
• Correct errors before the interview. If the statement or form contains a mistake or leaves out something important, it should be corrected in writing before the interview. A correction made early is much easier to explain than one made after a question exposes it.
• Bring relevant evidence. Messages, photographs of a partner, letters from friends or support organisations, or medical reports can be relevant. Sexually explicit material should never be provided and officers must not ask for it.

The guides to the protection visa statement of claims and to evidence in a protection visa application explain how the written claim and supporting material should work together with the interview.

If the applicant raised their sexual orientation or gender identity late, for example after an earlier application on different grounds, they should expect questions about why. The guidelines state that officers should not be surprised by late disclosure and should explore the reasons for it. The guide to delayed Subclass 866 applications explains how delay is treated.

Mistakes applicants make when answering LGBTI Protection Visa Interview Questions

The most damaging mistake in answering LGBTI Protection Visa Interview Questions is saying something that is not true, or adding detail to make the story stronger. Giving false information to the Department is a serious matter and can lead to large fines and imprisonment. It can also destroy a claim that was genuine. Once an officer finds one invented detail, every other answer is weighed against it.

Other common mistakes include:

• Answering a different question. Applicants who are nervous often give a prepared speech instead of answering what was asked. Listen to the question, answer it, and then add what is relevant.
• Short answers to "why" questions. "Because I am gay" does not explain why the applicant did not tell their family or why they agreed to marry. The officer needs the applicant's actual reasons.
• Using words that do not fit the applicant. Applicants sometimes use English terms they have heard in Australia because they think the officer expects them. It is better to use the words the applicant actually uses, and explain them.
• Hiding a partner, a marriage or children. The guidelines accept that these are not inconsistent with being LGBTI. Hiding them is what creates a credibility problem.

The interview itself, including interpreter and officer requests, support persons, recording and what happens after the interview, is covered in a separate article in this series. The protection visa interview page and the guide to preparing for a protection visa interview explain the general process. If the Department writes after the interview asking for more information, the guide to responding to a section 56 request explains what to do.

How My Migration Lawyers prepares clients for LGBTI Protection Visa Interview Questions

My Migration Lawyers acts for LGBTI applicants at every stage of a Subclass 866 claim, including the Department interview. The firm deals with complex and sensitive protection cases, acts in many sexual orientation and gender identity claims, and is capable of preparing clients for LGBTI Protection Visa Interview Questions from the first draft of the statement to the interview itself.

On interview preparation, the work usually involves:

• Reviewing the statement and application. The firm checks the written claim against the topics in Annexure 6, identifies gaps, and arranges for errors or omissions to be corrected in writing before the interview. The statement is the client's own evidence, reviewed and corrected by the client, and the client decides which claims are advanced.
• Preparation sessions in a confidential setting. The client is taken through the question topics set out in this article, so that they understand what the officer is likely to explore and can think about their own honest answers. The firm does not give clients answers to memorise.
• Difficult topics. Marriage, children, late disclosure, having no relationships and limited community involvement are discussed openly, so the client is not surprised at interview.
• Evidence. Relevant material is identified, organised and lodged before the interview, with sensitive material handled appropriately.
• Attendance and follow-up. Where engaged to do so, the firm attends the interview with the client and deals with any request for further information or any adverse information the Department raises afterwards.
• Refusals and review. If the application is refused, the decision is analysed and review at the Administrative Review Tribunal is prepared within time. The protection visa refusals page explains that stage.

My Migration Lawyers is led by Principal Lawyer Weiwei Zhang. The firm's protection visa lawyers act for clients across Australia, and consultations are held by video. More about the firm's work on these claims is on the LGBTI protection visa page.

If you have an interview coming up and are worried about LGBTI Protection Visa Interview Questions, the time to prepare is now, before the date is fixed. Book a consultation with My Migration Lawyers online, or call 1300 040 300.