Yesterday (December 2nd, 2014), 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.
Welcoming the decision today Trina Tsai, Senior Youth Worker at BeLonG To supporting LGBT Refugees and Asylum Seekers said, “This landmark decision will transform the reality of the application procedure and significantly reduce the stress and anxiety heretofore experienced by LGBT applicants in having to justify their 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.
LGBT Asylum Seekers face a unique set of collective vulnerabilities which we have been working to address and to highlight since 2011. The Direct Provision system continues to place LGBT Refugees & Asylum Seekers at risk and is in urgent need of transformation.
Speaking today David Carroll, Executive Director at BeLonG To said “Since we opened the dedicated support service in BeLonG To for LGBT Refugees & Asylum Seekers in 2011 we have heard firsthand the inconsistencies in decision making with respect to LGBT applications. This judgement today marks a milestone towards developing a consistent EU wide approach to the processing of LGBT Asylum claims and is very welcome. ”
The Court also ruled that late disclosure of an applicant’s sexual orientation should not affect the applicant’s credibility. Ms. Tsai continued ” This last element of the judgement is significant. LGBT Asylum Seekers must be given allowances given the special kinds of difficulties they face and with this decision the court has recognised that.”
