Judgment of the Court of Justice in Joined Cases C-148/13, C-149/13, C-150/13 A, B, C v Staatssecretaris van Veiligheid en Justitie – EU court strikes down gay asylum tests

In a judgment given on the 2 December 2014 the European Court of Justice (ECJ) clarified the methods by which national authorities may assess the credibility of the declared sexual orientation of applicants for asylum.

In 2013 the ECJ ruled that gay asylum seekers who had a genuine fear of imprisonment in African countries could claim refugee status, in response to another Dutch case.

'The fact that the Court has provided a black list of methods not to be used to assess asylum claims, because they infringe human dignity, is very positive news'. said ILGA-Europe’s Executive Director Evelyne Paradis. 'However, we would have liked to see more structured guidance on how Member States should assess LGBTI asylum claims'.

• Primary Source

BBC News, 02.12.14: EU court blocks gay asylum tests http://www.bbc.co.uk/news/30290532

ECJ: Press Release No.145, 2013 (07.11.13): Judgment of the Court of Justice in Joined Cases C-199/12, C-200/12, C-201/12 X, Y, Z / EU court backs asylum rights for gay people http://www.europeansources.info/record/press-release-judgment-of-the-court-of-justice-in-joined-cases-c-199-12-c-200-12-c-201-12-x-y-z-eu-court-backs-asylum-rights-for-gay-people/

ILGA Europe: Press Release, 02.12.14: Sexual orientation and refugee status – CJEU steps in to protect the rights of asylum seekers http://www.ilga-europe.org/home/news/for_media/media_releases/cjeu_asylum_december_2014

Deutsche Welle, 02.12.14: Gay asylum claims: Top EU court bans detailed sexual questions http://dw.de/p/1Dy50

Dutch News.nl, 02.12.14: Officials should not be too personal questioning gay refugees, court says http://www.dutchnews.nl/news/archives/2014/12/officials-should-not-be-too-personal-questioning-gay-refugees-court-says.php/

EUObserver, 02.12.14: EU court strikes down gay asylum tests http://euobserver.com/justice/126758

Blog: EU Law Analysis, 02.12.14: LGBTI asylum-seekers: the CJEU sends mixed messages http://eulawanalysis.blogspot.co.uk/2014/12/lgbti-asylum-seekers-cjeu-sends-mixed.html

Euronews, 03.12.14: EU’s top court rules against ‘gay tests’ for asylum seekers http://www.euronews.com/2014/12/03/eu-s-top-court-rules-against-gay-tests-for-asylum-seekers/

EurActiv, 16.10.15: Just how safe is the EU ‘safe list’? http://www.euractiv.com/sections/justice-home-affairs/just-how-safe-eu-safe-list-318591

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