Homosexuality: sexual evidence will be refused

News / Homosexuality: sexual evidence will be refused

Many persons are persecuted in their country of origin because of their sexual orientation. The CGRS examines many asylum applications based on this ground. When the fear of persecution is well-founded, refugee status is granted.

Some asylum applicants provide photos or videos of themselves while performing sexual acts. Other applicants wish to provide test results that are supposed to prove their sexual orientation.

The CGRS will no longer accept this kind of evidence, in compliance with a Judgement of European Court of Justice. Such evidence goes against human dignity. Moreover, it is not helpful in establishing the applicant’s sexual orientation.

When assessing the fear of persecution, the CGRA takes into account the general situation in the country of origin (according to the available information and reports) and the individual situation of the person concerned.

The applicant’s declarations must be consistent and plausible. Applicants must provide the necessary information on their background and on whether they have been or may be subject to persecution or serious harm because of their sexual orientation.

For more details on the assessment of asylum applications based on sexual orientation see: http://www.cgrs.be/en/gender-related-persecution.

11 October 2017

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