03 Dec Verification sexual orientation asylum seeker must not infringe fundamental rights
Yesterday, the Court of Justice of the European Union (CJEU) ruled that authorities, when verifying the sexual orientation of an asylum seeker, should always comply with the EU’s Charter of Fundamental Rights.
The case ended on the Court’s plate after Dutch authorities refused to grant asylum to three third-country nationals, who sought asylum on the basis of fear of persecution in their country of origin relating to their homosexuality. The Dutch Raad van State (Council of State) asked for a ruling on what limits are imposed by EU law regarding verification of applicants’ sexual orientation.
In its judgement, the Luxembourg-based Court states that while declarations by the applicant are the starting point of the assessment, they may require confirmation. However, in verifying the sexual orientation of the applicant, human dignity and the right for private and family life should be respected.
This means that failure to answer questions relating to stereotyped notions of homosexuality cannot be a sufficient reason to reject an applicant.
Also questions relating to the applicant’s sexual practices infringe the right to respect to private and family life, and are as such not in line with the Charter of Fundamental Rights.
Furthermore, submitting asylum seekers to certain ‘tests’ to proof their sexual orientation, would infringe human dignity and constitute a breach with the Charter.
Lastly, the Court ruled that late disclosure of an applicant’s sexual orientation should not affect the applicant’s credibility.
Source: lgbt-ep