UK High Court: Refugees Should Not Have to ‘Prove’ Sexuality
After three men failed their bids for asylum when a Dutch court said they didn’t prove their sexuality, the EU high court has decided refugees that claim asylum because of their homosexuality should not have to go through tests to prove it.
The authorities must refrain from “carrying out detailed questioning as to the sexual practices of an applicant for asylum” and that no additional evidence can be requested by authorities nor can seekers provide that information.
“The effect of authorizing or accepting such types of evidence would be to incite other applicants to offer the same and would lead, de facto, to requiring applicants to provide such evidence,” the ruling said.
Recently, the treatment of LGBT asylum seekers has been under the spotlight in the UK. One refugee said he was asked “shockingly degrading” questions.
A report by the UK independent chief inspector of borders and immigration found more than one in 10 questions of those asked to asylum seekers were of an “unsatisfactory nature.”
In 2011, EU and human rights activists criticized Czech authorities for using an erection or “phallometric” test to determine whether some asylum seekers were gay or not.
The UK has seen an increase in refugees seeking asylum after many African countries and several Islamic countries have outlawed homosexuality.