Governments may test whether an applicant who claims to be homosexual and persecution in their own country, actually homosexual.
But , As the European Court of Justice states Tuesday, which should not be too intimate and personal.
For example, there should not be asked for video recordings of sexual acts proving the orientation. Someone’s credibility can only be judged on a general basis, according to the EU court in the judgment.
EU court examined a case of three refugees who applied for asylum in the Netherlands. They fear that they are persecuted in their own country for their homosexuality. Netherlands rejected their asylum application off because there were doubts about the credibility of the men.
Who went to the Council of State and the authority asked the EU court for advice about how far can a country in the investigation of sexual orientation.
EU court gives the judgment, in particular to what governments can not do. So should not be asked for details of how the applicant gives practical meaning to his sexual orientation. That invades the privacy, says EU court.
Asking for evidence of homosexuality or the commissioning of homosexual acts is degrading, said the court.
A Member State may not conclude that someone is not gay if he does not meet well-known stereotypes, says the EU court.
Nor should the credibility doubted if an applicant does not tell immediately that he is homosexual. It relates to sensitive information about intimate, personal aspects of one’s life.