EU court to rule on gay asylum 'discretion test'

Published: February 14, 2011

The German judiciary has referred questions for a preliminary ruling concerning homosexual asylum-seekers to the European Court of Justice (ECJ), more specifically asking whether and to what extent they may lay claim to provisions of protection contained in Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or Stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted.

The case (C-563/10) concerns an Iranian asylum-seeker, Mr KHAVAND, who arrived in Germany from Turkey in November 2000 and applied for asylum, claiming to have fled from persecution on account of his homosexuality.

His application was rejected in April 2001 and he has since challenged the negative decision on several occasions, the latest with the claim that since his arrival in the Netherlands he has espoused the Christian faith.

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