Minister voor Immigratie en Asiel v X, Y (Hoog Commissariaat van de Verenigde Naties voor de Vluchtelingen intervening); Z v Minister voor Immigratie en Asiel (Joined Cases C-199/12 to C-201/12) – WLR Daily
“The existence of criminal laws which specifically targeted homosexuals, supported the finding that those persons had to be regarded as forming a ‘particular social group’ within the meaning of Council Directive 2004/83/EC. A term of imprisonment which sanctioned homosexual acts and which was actually applied in the country of origin which adopted such legislation had to be regarded as being a punishment which was disproportionate or discriminatory and thus constituted an act of persecution. When assessing an application for refugee status, the competent authorities could not reasonably expect, in order to avoid the risk of persecution, the applicant for asylum to conceal his homosexuality in his country of origin or to exercise reserve in the expression of his sexual orientation.”
WLR Daily, 7th November 2013
Source: www.iclr.co.uk
