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Country of Decision: Denmark
Country of Applicant: Uganda
Keywords: Discrimination, Membership of a particular social group, Refugee Status, Relevant Facts, Sexual orientation, Well-founded fear
The applicant, an ethnic Samia and Christian Protestant from Mukono, Uganda, became aware of his sexual orientation when he was between 7 and 9 years old and has had several both short and longer relations with men.
The Refugee Appeals Board accepted the applicants account which included imprisonment and physical and sexual abuse as well as harassment by village locals. Consequently, the Board found that the applicant was at risk of persecution by his family and locals against which no protection by the authorities could be obtained. Therefore, the applicant was granted refugee...
Date: 17-05-2018
Country of Decision: Denmark
Country of Applicant: Iraq
Keywords: Country of origin information, Personal circumstances of applicant, Refugee Status, Relevant Documentation, Sexual orientation, Well-founded fear
The applicant, an ethnic Kurd and Sunni Muslim from Kirkuk, Iraq, became aware of his sexual orientation when he was 20/22 years of age and has since had relations with several men and during a longer period worked as a prostitute.
The Refugee Appeals Board accepted the applicants account and found that the applicant as a Kurd from Northern Iraq, according to country of origin information, would risk persecution if he was to return to Iraq and live openly as a homosexual. Consequently, the applicant was granted refugee status under the Danish Aliens Act art. 7 (1).
Date: 06-03-2018
Keywords: Assessment of facts and circumstances, Credibility assessment, Medical Reports/Medico-legal Reports, Membership of a particular social group, Persecution Grounds/Reasons, Sexual orientation
National authorities can order experts’ reports with the purpose of assisting in the assessment of the facts and circumstances relating to a declared sexual orientation of an applicant, provided that the procedures for these reports are consistent with fundamental rights. However, the examining authority, courts or tribunal must not base their decision solely on the conclusions of an expert’s report and are not bound by these conclusions when assessing the applicant’s statements relating to his or her sexual orientation.
Moreover, national...
Date: 25-01-2018
Country of Applicant: Senegal
Keywords: Country of origin, Credibility assessment, Manifestly unfounded application, Sexual orientation, Well-founded fear
The ECtHR declared inadmissible the complaints brought by a Senegalese national who had unsuccessfully applied for asylum in Spain due to his fear of being persecuted in his country of origin on the grounds of his sexual orientation. The complaints were considered premature since the Audiencia Nacional had annulled the administrative decision rejecting his asylum application and the asylum procedure had started afresh.
Date: 26-09-2017
Country of Decision: Luxembourg
Country of Applicant: Nigeria
Keywords: Internal protection, Sexual orientation
The criminalisation of homosexuality and aggressions at the place of residence of the applicant constitute indications as to the existence of persecution. However, if it is only in the appearance, then internal flight is a possibility if the applicant stops his prostitution activities.
Date: 27-06-2017
Country of Decision: France
Country of Applicant: Mongolia
Keywords: Assessment of facts and circumstances, Country of origin information, Discrimination, Membership of a particular social group, Persecution (acts of), Persecution Grounds/Reasons, Previous persecution, Real risk, Refugee Status, Sexual orientation, Well-founded fear
An applicant may be granted refugee status under Article 1 of the 1951 Geneva Convention for fear of persecution based on sexual orientation. This depends on whether or not, according to the conditions prevailing in the country of origin, persons sharing a sexual orientation may be regarded as a social group within the meaning of the Convention.
Date: 31-05-2017
Country of Decision: United Kingdom
Country of Applicant: Albania
Keywords: Assessment of facts and circumstances, Persecution Grounds/Reasons, Refugee Status, Sexual orientation, Unaccompanied minor
This case dealt with the issue of whether the Supreme Court’s four-stage test for the determination of sexual orientation asylum claims, set out in HJ (Iran) and HT (Cameroon) v Secretary of State for the Home Department (“HJ (Iran)”), still held good, specifically the third and fourth stages which draw the distinction between those who would conceal their sexual orientation and whether the material reason for that is fear of persecution or for other reasons.
Date: 09-05-2017
Country of Decision: France
Country of Applicant: Bangladesh
Keywords: Country of origin information, Membership of a particular social group, Refugee Status, Sexual orientation
The fact that the membership of a particular social group is not subject to specific repressive criminal provisions has no incidence on the granting of refugee status.
Date: 21-04-2017
Country of Decision: France
Country of Applicant: Ivory Coast
Keywords: Actor of persecution or serious harm, Credibility assessment, Gender Based Persecution, Membership of a particular social group, Persecution (acts of), Persecution Grounds/Reasons, Sexual orientation
Granting someone a refugee status for fear of persecution based on belonging to a social group due to his sexual orientation, cannot be linked to the fact that his sexual orientation has, or not, been made public. Indeed, a social group is instituted by how society perceive those in the group.
An individual applying for asylum does not have, in order to avoid persecutions in his country, to hide his sexual orientation.
In order to prove the risk of persecution, there is no requirement that belonging to a social group based on sexual orientation must be prohibited by any...
Date: 08-02-2017
Country of Decision: Hungary
Country of Applicant: Nigeria
Keywords: Internal protection, Sexual orientation
The Court quashed the decision of the Office of Immigration and Nationality (OIN) because it did not assess the Applicant’s fear of persecution in a due manner and held that there is a real internal flight alternative in an erroneous way, without due regard to the jurisprudence of the Court of Justice of the EU (CJEU)
Date: 02-09-2016
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- (-) Remove Sexual orientation filterSexual orientation
- Membership of a particular social group 25
- Credibility assessment 14
- Persecution (acts of) 14
- Refugee Status 14
- Persecution Grounds/Reasons 13
- Country of origin information 10
- Discrimination 9
- Well-founded fear 9
- Assessment of facts and circumstances 7
- Actor of persecution or serious harm 6
- Medical Reports/Medico-legal Reports 6
- Non-state actors/agents of persecution 5
- Gender Based Persecution 4
- Internal protection 4
- Previous persecution 4
- Standard of proof 4
- Country of origin 3
- Real risk 3
- Relevant Facts 3
- Benefit of doubt 2
- Death penalty / Execution 2
- Detention 2
- Final decision 2
- Individual assessment 2
- Legal assistance / Legal representation / Legal aid 2
- Obligation to give reasons 2
- Personal circumstances of applicant 2
- Procedural guarantees 2
- Reception conditions 2
- Relevant Documentation 2
- Serious harm 2
- Subsequent application 2
- Subsidiary Protection 2
- Unaccompanied minor 2
- Vulnerable person 2
- Accelerated procedure 1
- Accommodation centre 1
- Actors of protection 1
- Burden of proof 1
- Child Specific Considerations 1
- Duty of applicant 1
- Effective access to procedures 1
- Family reunification 1
- Inadmissible application 1
- Inhuman or degrading treatment or punishment 1
- Manifestly unfounded application 1
- Nationality 1
- Personal interview 1
- Protection 1
- Refugee sur place 1
- Religion 1
- Torture 1
