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Neither man nor woman: High Court ruling 'sex not specified' / 'neuter' and impact on visa applications

Sex not Specified....Will this be the new tick box on application forms at the DIBP, MRT-RRT, AAT and other institutions requiring a person to name their what they are, including 'neuter'?

How is this going to impact on a partner visa application?  If the person doesn't need to identify if they are male or female and two neuters 'sex not specified' get married or claim a de facto relationship then what?  How will the DIBP assess that? 

I'm thinking that the DIBP no longer have a right to force a visa applicant to declare whether they are male or female for the purpose of a partner visa application if the applicant would prefer to be known as a neuter or sex not specified.

This landmark decision has been handed down and reported in the Sydney Morning Herald:

The High Court of Australia has given people who do not identify as male or female formal legal recognition.

In a historic decision with far-reaching implications for institutions and individuals across the country, the court on Wednesday formally upheld the right of transgender person Norrie to be registered as neither a man nor a woman with the NSW registry of births, deaths and marriages.

The decision is recognition by the highest court in the land that 'sex' is not binary - it is not only 'male' or 'female' - and that this should be recognised by the law and in basic legal documents.

“The question in this appeal is whether it was within the registrar's power to record in the register that the sex of the respondent, Norrie, was, as she said in her application, 'non specific',” the High Court said in its reasons for the decision.

 
Can migration agents think of any other ways this might affect visa applications or applicants?  Migration Agent comments would be most invited.
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  • Guest
    Cross Gender from Thailand - OTHER SEX Wednesday, 02 April 2014

    Well, for a long time now I have wanted to be known as a 'cross-gender'. I believe I am part male, part female and part neuter. I cannot always identify as being a female. In fact I was born a female, then had a sex change to be a man. I also underwent hormone therapy. At the same time I still have female instincts and like to be a female on occasion. I also like to be neither a male or a female when I want to give myself a rest from the stress of choosing which sex I am. Then sometimes when I am having a great day I identify as all three, and want to declare to the world that I am a 'cross-sex' which encapulates all three versions of who I am. I am not one or the other and I am never nothing. I am all. I want to go to the High Court to be specified as that. I want to have a category for me. Cross-gender. I made my visa application originally from Thailand to migrate as a same sex relationship.

  • Guest
    I don't exist in this classification Wednesday, 02 April 2014

    What about asexual or alien or inanimate object non-human or variant humanoid? Do I even exist?

  • Guest
    I don't exist in this classification I identify as a horse Wednesday, 02 April 2014

    I identify as a horse. If you think that I am joking I am not. I migrated here and had to tick a box as a female. But I do not see myself as a female. My partner, who is a girl, dresses me as a horse at home and leads me around outside. I drink from a trough and eat my food out of a special pink food bin in the kitchen from my lead. I know I am not everyone's cup of tea but I do this in the privacy of my own home. I am too ashamed to talk about this with my friends and neighbours and only share this with my partner. When I migrated to Australia I could not tell the Department of Immigration the truth about my sexual identity because then I would need to admit I see myself as an animal. I have a similar horse outfit as Katie Price in this picture: http://img.thesun.co.uk/multimedia/archive/01699/price_main_1699019a.jpg

  • Noel Victor Comley
    Noel Victor Comley Wednesday, 02 April 2014

    Was this reported on April the First?

  • Guest
    Mathinee Lee Mai Lee Wednesday, 02 April 2014

    I am neuter as well. My name Mai Lee I am from Thailand. I want be man and I want be woman too. I am both man and woman at home depending on my partner needs and desire. I often change sex to be more his need. Some day man. Other day woman. I will choose neuter like this High Court rule.

  • Guest
    Toni intersex Wednesday, 02 April 2014

    I was born with both male and female reproductive organs. The condition is called ambiguous genitalia.
    I was born with ovaries and testicles and have been classified as an intersex.
    I have felt punished all my life as I have never been able to declare which sex I am. Finally I can declare I am a neuter and will insist on it. I hate having to choose.

    I migrated here with my parents as a child from Scotland. My parents ticked the box of male because I have a penis and the doctor would be unlikely to check for a vagina on the health exam.

    My parents were right. They never picked up I was both. That was a long time ago now.

  • Guest
    Martin Trenery-Jones Wednesday, 02 April 2014

    I am a man. I am in the middle of my migration application to Australia, fiancee prospective marriafe visa, to be married to a female. Is this ok?

  • Guest
    Mary Kelleher Wednesday, 02 April 2014

    Please don't tease anyone on here because they are different. Everyone comes in different shapes and sizes and different sexes or not sexes.

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Guest Monday, 25 November 2024
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