I live in a suburb adjacent to the “Gay Capital of Australia”, and with the Gay and Lesbian Mardi Gras 2025 coming soon, and a lot of opportunity and rights for trans and LGBQ being eroded in the USA, I want to answer the question. Should or even could a trans person or LGBTQ person move to Australia?
It’s hard to judge anything from online, right? When I research the topic I see extreme influencers citing situation of say, a trans in a bathroom in Australia, which I have never heard of here, and from what I can see, never happened. It’s just not an issue in real life and nobody in Sydney is discussing it in real life. I think that is because each community makes up their own mind, based on their social make up. It’s common sense that this a local case by case decision, and not the business of the government or the media or foreign influencers.
Australia, like a lot of Western democracies, is very welcoming in some places and spaces to the LGBTQ and trans community, and much more conservative in other places. There has been a slight uptake in violence by young men on gays in the last few years- which the government has put down to the influence of social media. Generally, for a few decades Australia has been a very safe place for gays and trans. I will say that I heard some teenage boys discussing how much they hated gays on public transport recently, and I was a little shocked as I’d never heard such talk until 2025! We are not immune.
The Australian government has an eSafety Commissioner who has taken several steps to reduce online dangers for the LGBTQ+ community from both trolling and also the online grooming of homophobic and other hate-trends in Australia.
So lets look at some options for people in different situation.
Asylum Seeker.
Indeed, I have met gay man from Iran, Iraq and Venezuala who have moved to Sydney on protection visas. But seeking asylum, in my opinion, should be the last and most desperate move an individual should make.
Australia’s refugee policy is governed by the Migration Act 1958, which aligns with the United Nations Refugee Convention. According to the convention, a refugee is someone who has a well-founded fear of persecution based on race, religion, nationality, membership of a particular social group, or political opinion. Transgender individuals often fall under the category of “membership of a particular social group” due to the persecution they face based on their gender identity.
One of the primary requirements for transgender asylum seekers is proving that they face persecution in their home country. This often requires substantial evidence, including personal testimonies, medical records, and reports from human rights organizations.
Families of Gay or Trans Children
If you are the parent of a trans child things will get, unfortunately, complicated and please note this information is beyond my expertise, and very broad. You’ll need to consult an immigration lawyer who may help you navigate the barriers.
What gets complicated is if a child expects gender-affirming care through the public system, or may in the future.
In Australia, there have not been the controversies of the UK because. Here gender affirming treatments are complex and regulated, they are certainly not the preferred first option for most kids nor for profit, as it appears was the case in the UK. Data shows that only 4.7%* of those under 18 who seek gender-affirming treatments in Australia receive it, so if you consider 1% of children may ask for it, that is insignificant.
Families of children who require ongoing gender-affirming care could be refused permanent visa on the grounds of dissuading people from moving to Australia to exploit taxpayer funded healthcare. As previously mentioned, Australia does pay some gender affirming costs for its own citizens after long processes, but not necessarily for new citizens who are yet to contribute to the tax system. If it is decided that the cost of your child’s health at weighs your advantage as a skilled migrant, you will be refused. It may be possible, but the scope is beyond my knowledge and requires an immigration lawyer.
Skilled Migration
If you are a teacher, nurse, engineer, scientist or person of considerable, demonstration money you should look at the Skill Visa and NIV visa, and apply knowing you will not be judged on your gender preferences and identity.
A student visa with rights to work could also be a great option, especially to younger or young at heart individuals who are yet working in one of Australia skills in demand. It is a great way to test the country while learning a skill.
At the end of the day, for international students and skilled visa holders, as you move through the stages of permanent residency, your age, education, skills and marital status in general will be more important than what you wear and who you love. Gay people contribute to society as a whole with their skills.
And should you want more help there are LGBTQ groups who can help with advice and settling in. Here are some organisations that support LGBTQ migrants in Australia. They can probably give you more advice on direction and support once you are.
But please, contact an Australian immigration lawyer to get more information and the very broad outlines I have given above.
Happy Mardi Gras and stay safe.
*Fact-Sheet_Trans-Gender-Diverse-and-Non-Binary-Young-People-and-Gender-Affirming-Healthcare-V2-2.pdf
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