NL: Secretary of State did not sufficiently motivate why the sexual orientation of the asylum seeker is not credible

Thursday, April 6, 2017

On 6 April 2017, the Court of The Hague has given a ruling related to a sexual-orientation-based asylum application by a Nigerian national. It ruled that, when deciding on the judicial review of an asylum case, particularly concerning the credibility of the asylum claim, it cannot be inferred from Article 46(3) recast Asylum Procedures Directive how invasive the assessment by the court in question must be. The Court sees no reason to refer preliminary questions to the CJEU, thus rejecting the applicant’s request in that regard. Nevertheless, the Court ruled that the Secretary of State did not sufficiently motivate why he found the sexual orientation of the asylum seeker not credible.

For more information, please see the section on case A, B and C v Staatssecretaris van Veiligheid en Justitie in ECRE’s recent study “Preliminary Deference? The impact of judgments of the Court of Justice of the EU in cases X.Y.Z., A.B.C. and Cimade and Gisti on national law and the use of the EU Charter of Fundamental Rights” of March 2017.

Based on an unofficial translation by the ELENA Weekly Legal Update.

This item was reproduced with the permission of ECRE from the weekly ELENA legal update supported by the Fundamental Rights and Citizenship Funding Programme and distributed by email. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE, the IRC or its partners.



Effective access to procedures
Sexual orientation