Cases A (C-148/13), B (C-149/13) and C (C-150/13) v Staatssecretaris van Veiligheid en Justitie

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Respondent/Defendant:Staatssecretaris van Veiligheid en Justitie
Court/s:ECJ
Citation/s:C-148/13, C-149/13 and C-150/13
Nature of Proceedings:Preliminary ruling
Judgment Date/s:02 Dec 2014
Judge:CJEU, Grand Chamber: V. Skouris, President, K. Lenaerts, vice-President, A. Tizzano, L. Bay Larsen (Rapporteur), T. von Danwitz, A. Ó Caoimh and J.-C. Bonichot, Presidents of Chambers, A. Borg Barthet, J. Malenovský, E. Levits, E. Jarašiūnas, J.L. da Cruz Vilaça and C.G. Fernlund, Judges
Category:Refugee Law
Keywords:Charter of Fundamental Rights of the European Union, Refugee
Country of Origin:A (Gambia), B (Afghanistan) and C (Uganda)
URL:http://curia.europa.eu/juris/document/document.jsf?text=&docid=160244&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=224819
Geographic Focus:Europe

Facts:The three above-named applicants for asylum in The Netherlands all claimed to be homosexual. Their applications were rejected for lack of credibility on various grounds. They challenged those decisions and the court dealing with the challenges referred a question to the Court of Justice of the European Union (CJEU), asking what limits did Article 4 of the Qualification Directive (Directive … Read More

Principles:

When determining applications for international protection, decision-makers are required by the Qualification Directive and the Procedures Directive to take account of the individual position and personal circumstances of the protection applicant. When dealing with applications based on homosexuality, it will not be sufficient to reject their credibility solely on the basis of stereotypical assumptions as to the behaviour of homosexuals. Putting questions to allegedly homosexual applicants about the details of their sexual practices will contravene the CFR, as will encouraging such applicants to submit documentary evidence, such as pictures or videos, of their engaging in homosexual relations, or subjecting them to tests designed to establish their alleged sexuality. The credibility of such applications should not be rejected solely on account of the fact that the claim to be homosexual was not made at the initial stages of a application. In that respect, regard should be had to the personal circumstances of the applicant and any vulnerability on his or her part when assessing any delay in making such a claim.

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