EDAL case summaries
Country of Applicant: Iran
Keywords: Detention, Individual assessment, Nationality, Reception conditions, Relevant Documentation, Sexual orientation, Vulnerable person
The ECtHR found the detention of a homosexual asylum seeker in Hungary was arbitrary, in violation of Article 5(1) ECHR. In particular, the Court found that the Hungarian authorities had failed to make an individualised assessment and to take into account the applicant’s vulnerability in the detention facility based on his sexual orientation. The Court emphasised that the authorities should exercise special care when deciding on deprivation of liberty in order to avoid situations which may reproduce the plight that forced asylum seekers to flee in the first place.
Date: 05-07-2016
Country of Decision: Greece
Country of Applicant: Iran
Keywords: Actor of persecution or serious harm, Benefit of doubt, Country of origin information, Credibility assessment, Death penalty / Execution, Discrimination, Inhuman or degrading treatment or punishment, Internal protection, Real risk, Religion, Serious harm, Sexual orientation, Well-founded fear
The Applicant was a homosexual male from Iran who had renounced Islam and was studying the catechism of the Roman Catholic doctrine. It was held that the Applicant had no well-founded (objective) fear of persecution on the grounds of changing his religious beliefs.
Regarding the risks associated with his sexual orientation, the fear that the Applicant expressed was deemed to be well-founded, and it was held that not externalising his sexual orientation to avoid danger would, in and of itself, constitute serious harm to his right to respect for his private life and his...
Date: 22-06-2012
Country of Decision: Finland
Country of Applicant: Iran
Keywords: Death penalty / Execution, Membership of a particular social group, Persecution Grounds/Reasons, Sexual orientation
Although the asylum seeker has been unable to offer any credible account of the death penalty allegedly imposed on him due to his homosexuality, it must nevertheless be assessed whether, he has grounds to fear persecution or is in real danger of suffering serious harm in his home country due to his sexual orientation, and what weight must be given to the fact that he must hide his homosexuality to avoid this kind of threat. The judgments of the Administrative Court and the Immigration Service were overturned and the case was returned to the Immigration Service for further consideration...
Date: 13-01-2012
Country of Decision: United Kingdom
Country of Applicant: Cameroon, Iran
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Discrimination, Non-state actors/agents of persecution, Persecution (acts of), Sexual orientation
Homosexuals are members of a particular social group being defined by the immutable characteristic of their sexuality.
Asylum should not be refused to a homosexual person on the basis that it could be considered reasonably tolerable, if returned to their home country, for him or her to deny their identity and conceal their sexuality in order to avoid being persecuted.
Date: 07-07-2010
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