European Court of Justice bans tests for LGBT asylum seekers

The highest European court has banned any kind of tests and providing evidence for people claiming refugee status in EU countries on the grounds of their sexual orientation. The court said the authorities must follow the EU law and respect the fundamental human rights.

The European Court of Justice in Luxembourg ruled on Tuesday that people claiming asylum in countries of the European Union should not undergo any kind of tests proving their sexual orientation or detailed questioning about their private life.

The authorities must refrain from “carrying out detailed questioning as to the sexual practices of an applicant for asylum,” the Court ruling said.

It stressed that the inability of the applicant for asylum to answer such questions is not a sufficient reason for concluding that the applicant lacks credibility.

No additional evidence can be requested by authorities.

The ECJ has restricted verifications based on "detailed questioning as to the sexual practices of an applicant for asylum and the option, for those authorities, to allow the applicant to submit to "tests" with a view to establishing his sexuality and/or of allowing him to produce, of his own free will, films of his intimate acts."

Even if the applicant themselves proposed to submit such evidence, it would infringe on human dignity, the court ruled.

"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," according to the court.

The Court stated that determination of a refugee's sexuality cannot violate rights to privacy and dignity, and must be in accord with the law of the European Union.