EU Court of Justice: no more detailed sexual questions in gay asylum cases

The European Court of Justice has ruled today on 2 December 2014 that detailed sexual questions, intimate videos and ‘medical tests’ are no longer permissible to assess the credibility of people seeking asylum on the basis of their sexual preference. However, ‘stereotyped notions’ may still be used as an element for the credibility assessment.

The judgment of the Court was based on three homosexual African refugees who had seen asylum claim in the Netherlands rejected, based on the argument that these refugees did not credibly prove their homosexuality. The Court ruled that although self-declaration of homosexuality was not enough to verify a claim, a late declaration is not sufficient either for a claim to be ruled not credible.

For the entire judgment, click here.  

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