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In a case of an asylum application on the grounds of gender based persecution, supported by medical reports, the Belgian Council of State held that it belongs to the asylum authorities to investigate the origin of injuries, whose nature and seriousness imply a presumption of treatment contrary to article 3 ECHR and to assess the risks they reveal.
Without this assessment, the judge cannot legally conclude that the Applicant does not establish that he has been persecuted or has suffered serious harm or been subjected to direct threats of such...
LGBT individuals who have left Morocco can be granted refugee status as the socially and legally hostile environment towards LGBT individuals in this country can justify fear of persecution based on their membership to a particular group. A cautious assessment of the consequences of a return to the country of origin and an extensive benefit of the doubt are advised in the review of asylum applications of Moroccan nationals identifying as LGBT.
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...
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).
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...
The applicant, a national from Sierra Leone who claimed asylum in Switzerland on the grounds of persecution owing to his homosexuality, is found not to be at risk of treatment prohibited under Article 3 of the Convention in case of return to his country of origin. In substance, the Court recalls that national authorities are in the best position to carry out this risk assessment and recalls the UNHCR Guiding Principles on asylum claims based on sexual orientation, which require the evaluation of the risk through individual assessment, in addition to the examination of the country’s...
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.
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.
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.
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- (-) Remove Sexual orientation filterSexual orientation
- Membership of a particular social group 27
- Credibility assessment 17
- Persecution Grounds/Reasons 15
- Refugee Status 15
- Persecution (acts of) 14
- Country of origin information 10
- Discrimination 10
- Well-founded fear 10
- Assessment of facts and circumstances 8
- Medical Reports/Medico-legal Reports 7
- Actor of persecution or serious harm 6
- Gender Based Persecution 6
- Non-state actors/agents of persecution 5
- Individual assessment 4
- Internal protection 4
- Previous persecution 4
- Standard of proof 4
- Country of origin 3
- Inhuman or degrading treatment or punishment 3
- Real risk 3
- Relevant Facts 3
- Serious harm 3
- Unaccompanied minor 3
- Benefit of doubt 2
- Death penalty / Execution 2
- Detention 2
- Final decision 2
- Legal assistance / Legal representation / Legal aid 2
- Manifestly unfounded application 2
- Obligation to give reasons 2
- Personal circumstances of applicant 2
- Procedural guarantees 2
- Reception conditions 2
- Relevant Documentation 2
- Subsequent application 2
- Subsidiary Protection 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
- Nationality 1
- Personal interview 1
- Protection 1
- Refugee sur place 1
- Religion 1
- Safe country of origin 1
- Torture 1