Transgender and Non-Binary

travelers

In almost every program The Global Student ran in recent years (and even some we didn’t but were asked to provide advice for) some students identified as transgender or non-binary. As a result, TGS has improved our administrative forms and communications to be more gender inclusive, but it also required some investigation to understand the impact for students in these categories. Students should investigate the immigration laws and processes of destination countries to ensure they will not be refused entry, but some findings are as follows:

Transgender students

- A student who has changed genders on a passport MAY incur issues at the point of entry to a country if they have previously entered using biometrics (fingerprints) that have them currently registered as a different gender.

- Advice from the Australian Department of Foreign Affairs and Trade suggests a student entering certain countries, where there is evidence of a change of gender (i.e. through biometrics), may be asked for evidence that they have had gender reassignment surgery. (Why this would be asked is not clear, but it is the advice we were given.) None of our students have had an issue in Singapore or Malaysia, either entering or engaging with any program as a transgendered person. Neither have we, or the student’s university, asked for that level of personal information.

Non-binary students

- Non-binary students who have new passports issued with an ‘X’ indicating gender may be refused entry to certain countries, or even not allowed to transit. Experience has shown that not all personnel from travel agents and airlines are aware of the implications of travel for non-binary people with an X in their passport. Consulate staff in Malaysia and Singapore report providing training to local immigration staff and have no reason to believe a person would be turned away. One case has been reported of a Malaysian Immigration officer reaching out to consular officials as they thought the X was a typo. Once reassured it was not a mistake, it appears the person was allowed to enter the country.

- It cannot be assumed that ALL immigration staff in all countries have been trained to understand the meaning of an X denoting gender in a passport, even if there is no law to prohibit a person from entering. From what we have been able to discern, ASEAN countries are aware and respectful of Australia’s decision to support non-binary citizens in this manner. There may be arbitrary decisions made at the point of entry through lack of awareness in any country, but these can usually be resolved through engagement with Australian consular officials.