The case of a father-of-five Muslim who has been granted asylum in Austria, claiming persecution in his home country due to his homosexuality, has stirred significant public debate in the country with political figures expressing outrage over the ruling.
The Russian-Tajik dual citizen entered Austria illegally via Turkey and Saudi Arabia on Sept. 22, 2023, seeking asylum for himself and his family, news outlet Heute reports.
Initially, he cited better job prospects and fear of Russian military service as his reasons for fleeing. His first asylum application was rejected in April 2023. However, during an appeal at the Federal Administrative Court in Vienna, the man introduced a new claim that he faced discrimination, stigmatization, and violence in both Russia and Tajikistan due to his newfound homosexuality.
Despite being a devout Muslim and having recently completed a pilgrimage to Saudi Arabia, the man stated during the court hearing that he is homosexual and sought refuge in Austria to live openly and meet men without fear.
The court ruled in his favor, noting that his marriage and fatherhood did not contradict his sexual orientation. The man’s previous work in his home country as a butcher, car painter, and construction worker, and his ongoing communication with his wife and children in Turkey via WhatsApp, were also considered in the case.
The asylum decision allows the man to remain in Austria, and he is now eligible to bring his immediate family to join him through the family reunification process.
The ruling has ignited a political backlash, particularly from the Freedom Party of Austria (FPÖ) fresh from its electoral victory over the weekend.
Vienna FPÖ chairman Maximilian Krauss called the verdict a “judicial scandal” and accused aid organizations and lawyers of advising asylum seekers to falsely claim they are gay. Krauss demanded an end to what he called the “fooling of our state.”
The individual in this case is not alone in using the protected characteristic of sexual orientation to overturn rejected asylum claims across Europe.
In November last year, a Nigerian man who was granted asylum in Britain after telling authorities he faced persecution by the Boko Haram terrorist organization for being gay went on to father three children and marry a woman in the U.K. He was subsequently found guilty of masterminding a €252,000 Facebook and eBay parcel fraud scam.
In March, a Syrian asylum seeker in the Netherlands who was found guilty of sexually assaulting four 11-year-old girls in the swimming pool of a Center Parcs holiday resort claimed in mitigation that he was homosexual to fight deportation back to his home country.
Despite proclaiming his sexual attraction to men, the Syrian national also told the court that his wife and daughter were awaiting approval to come to the Netherlands from Turkey under family reunification laws and expressed his concern to the court that a conviction would harm his chances of being granted asylum.
