Press Release: Advocate General’s Opinion in Joined Cases C-199/12, C-200/12, C-201/12. X, Y, Z v. Minister voor Immigratie, Integratie en Asiel

According to Advocate General Sharpston, applicants for refugee status claiming to be persecuted for their homosexual orientation may form a ‘particular social group’
under EU refugee law.

While the criminalisation of homosexual activity in the home country does not per se constitute an act of persecution, the national authorities must, however, examine whether a particular applicant is likely to be subject to acts that qualify as such.