CJEU: preliminary ruling reference from the Netherlands on assessment of credibility in sexual orientation cases

Friday, October 4, 2013

The Dutch Council of State has decided to refer a question for a preliminary ruling of the Court of Justice of the European Union concerning the assessment of the credibility of asylum claims based on persecution on grounds of sexual orientation:

Which boundaries are put in place by Article 4 of the Directive 2004/83/EC of the Council of the European Union 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, and the Charter of Fundamental Rights of the European Union, in particular articles 3 and 7 thereof, concerning the manner of assessment of  credibility of the stated sexual orientation, and do these boundaries differ from boundaries that apply to the assessment of the credibility of the other grounds for persecution, if yes, in what respect?

The Dutch Council of State's decision to refer can be found on their official website.

This item was reproduced with the permission of ECRE from the weekly ELENA legal update supported by the Fundamental Rights and Citizenship Funding Programme and distributed by email. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE, the IRC or its partners.



Credibility assessment
Sexual orientation
Charter of Fundamental Rights