A Jamaican man who was persecuted in his home town because of being bisexual was denied asylum on Wednesday by an immigration judge who did not believe his sexual orientation.
The decision, backed by the U.S. Court of Appeals for the 7th Circuit, means that 51-year-old Ray Fuller can now be deported back to Jamaica, a country known for being one of the most homophobic in the world.
Fuller was reportedly attacked and stoned by college students because he had sex with men, and had his face sliced by a knife during an attack from a homophobic mob.
The 51-year-old also reported that he had once been shot in the back and butt at a party because of his sexual orientation, and was then kicked out of his home when the shooting outed him to his family.
Despite all this, the immigration judge felt that Fuller was lying about his bisexuality, partly because he married a woman at one point, even though he continued having affairs with men throughout his marriage.
The decision was also reached because the man could not convince his former lovers to testify in person, despite the fact that doing so would put them at major risk for attack back in Jamaica.
The 7th Circuit panel did actually acknowledge that the decision illustrated a lack of understanding by the judge when it comes to bisexuality, but ultimately accepted the findings due to Fuller misremembering certain dates during his testimony.
Judge Richard Posner criticized the judge for his ignorance on the subject of bisexuality, stating that the weakest part of his decision was concluding Fuller is not bisexual because he has had sex with women.
“Apparently the immigration judge does not know the meaning of bisexual,” Posner said. “The fact that he refused even to believe there is hostility to bisexuals in Jamaica suggests a closed mind and gravely undermines his critical finding that Fuller is not bisexual.”
Fuller will now likely be deported back to Jamaica and faces even more danger now that the story of his time in court has put his sexuality on prominent display.