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

Homosexual applicants for asylum can constitute a particular social group who may be persecuted on account of their sexual orientation. In that context, the existence of a term of imprisonment in the country of origin sanctioning homosexual acts may constitute an act of persecution per se, provided that it is actually applied.

The European Court of Justice ruled in a judgement on the 7 November 2013 that homosexuals from Sierra Leone, Uganda and Senegal who feared imprisonment in their home country have grounds for asylum in EU member states.

The Netherlands had asked the court for advice about three gay citizens of those countries seeking asylum.

BBC News, 07.11.13: Top EU court ruling backs gay African asylum bids http://www.bbc.co.uk/news/world-europe-24848887

EUObserver, 08.11.13: EU court backs asylum rights for gay people http://euobserver.com/news/122026

ECJ: Press Release, No. 87, 2013 (11.7.13): 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 http://www.europeansources.info/record/press-release-advocate-generals-opinion-in-joined-cases-c-199-12-c-200-12-c-201-12-x-y-z-v-minister-voor-immigratie-integratie-en-asiel/

---