“Irrational and illogical” to believe that sexual orientation can never change: Federal judge

A judge of the Federal Court of Australia, Justice Jagot, handed down a decision recently in which her Honour said that a Tribunal’s reasoning, based on the assumption that a person could never change their sexual orientation, was “affected by illogicality of the kind required to constitute jurisdictional error”- para [15]. The decision, in Abboud v Minister for Immigration and Border Protection [2018] FCA 185 (2 March 2018), was a sharp reminder that bureaucratic decisions must be based on evidence and not pre-conceived policy stances. The comments may have wider implications for arguments that are often unthinkingly presented about the possibility of someone changing their sexual orientation.

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