A, B, C v State Secretary of Security and Justice, Netherlands, The: Council of State (Raad Van State), 8 July 2015.

  • Category: Case Law
  • Source: UNHCR,European Union
  • Subject: Asylum/Refugee,Documentation status,Homophobia,Homosexuality,Law/Legistation,Sexual Orientation
  • Place: Gambia,Uganda
  • Year: 2015
  • File: 547d943da.html
Unofficial translation prepped by UNHCR: Applicants applied for asylum because of their sexual orientation. The State Secretary rejected their claims due to implausibility. Preliminary questions were posed to the European Court of Justice. Which limits does European Union Law impose on the investigation and assessment of the credibility of a sexual orientation? ECJ delivered judgment, A, B, C v. Staatssecretaris van Veiligheid en Justitie, C-148/13 to C-150/13, European Union: Court of Justice of the European Union, 2 December 2014, available at: The Council of State in this decision dated July 8 2015 ruled that, in general, the investigation by the State Secretary regarding the credibility of sexual orientation is within the limits of EU law. However, he has failed to explain how he assesses the credibility of an applicant’s alleged sexual orientation in specific cases. There is no policy or established practice on the basis whereof the State Secretary examines and assesses an alleged sexual orientation. Therefore, it isn’t possible for the administrative judge to review a decision on this issue effectively. It is for the State Secretary to impart more substance to this in his immigration policy. Because the State Secretary hasn’t been able to provide sufficient clarity on how he assessed the credibility of the sexual orientation of the three applicants, the appeals are grounded. The State Secretary will have to decide again on their asylum applications, taking into account this ruling.