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Via de Linkedin feed van een Canadese advocaat Similarities in Nigerian asylum claims based on sexual orientation have Legal Aid Ontario asking questions 60-70% of Nigerian asylum claims made in Ontario since April cited persecution based on sexual orientation   By Anita Elash, Diana Swain, Tara Carman, CBC News Posted: Nov 08, 2017 10:12 PM ET Last Updated: Nov 10, 2017 9:51 AM ET Jawad Kassab, who leads the immigration and refugee program at Legal Aid Ontario, said the agency has identified an 'unusual' pattern in asylum claims based on sexual orientation claims filed by Nigerians this year. (Mark Bochsler) Nigerian asylum seekers in Canada are making so many similar claims based on sexual orientation that Legal Aid Ontario is worried some claims may be fabricated. Jawad Kassab, who leads the refugee and immigration progra...

 article by Asad Khan In her recent Opinion in Joined Cases C-148/13, C149/13 and C-150/13, A, B and C , AG Sharpston agreed with the view that “an individual’s sexual orientation is a complex matter, entwined inseparably with his identity, that falls within the private sphere of his life.” She observed that homosexuality is not considered a medical or psychological condition in the European Union (EU) and no medical test exists to determine sexual orientation. She considered the pseudo-medical test of phallometry , focusing on the subject’s physical reaction to pornographic material, to be a “particularly dubious” method to confirm homosexual orientation. She thought that any medical examination to confirm sexual orientation violates article 3 (right to integrity of the person) and article 7 (respect for private and family life) of the Charter of Fundamental Rights of the European Union (CFR) and also falls foul of the proportionality requirement under article 5...

Joined Cases C-199/12,  C-200/12,  C-201/12,  Minister voor Immigratie en Asiel v X, Y and Z v Minister voor Immigratie en Asiel The status of homosexuals is an extremely fascinating aspect of asylum and human rights law. Even in the freedom of western society, it is only fairly recently that homosexual, transgender and bisexual individuals have achieved parity – albeit superficially – with heterosexuals. Geography aside, gay people can be found in abundance all over the world and are routinely victimised because of their sexuality. Ultimately we are all human and of course sexual expression is inextricably linked to selfhood. In these Dutch cases, the  Court of Justice of the European Union  (CJEU) held that sexual orientation is a fundamental part of identity and people should not have to abandon their sexuality. Similarly, criminal laws specifically targeting homosexuals clearly single them out from the rest of society. X was from Sierra Leone where...

On March 20, the Judicial Division of the Netherlands Council of State referred three cases concerning asylum seekers who claim to have been persecuted on account of their sexual orientation to the Court of Justice for a preliminary ruling. Pursuant to Article 10(1)(d) Qualification Directive , groups with a common characteristic of sexual orientation may fall within the ambit of the minimum level of protection afforded by European asylum law. However, during the initial procedure the asylum seekers concerned failed to convince the Dutch immigration service that they were gay and their application was subsequently denied. On appeal, their lawyers argued that the mere statement that one is gay, lesbian or bisexual is sufficient proof of an asylum seeker’s sexual orientation. Moreover, the lawyers submitted, any further verification of their sexuality is contrary to, inter alia, Articles 3 and 7 of the Charter of Fundamental Rights. The Council of State accepted that so...

Q&A: Reaching  out to refugees persecuted for sexual orientation, gender identity News Stories , 29 June 2011 © ORAM Neil Grungras, founder and executive director of the San Francisco-based Organisation for Refuge, Asylum and Migration. WASHINGTON, DC, United States, June 29 (UNHCR)  –  Advocates like Neil Grungras are vital as accounts increasingly emerge of persecution and violence towards refugees and asylum-seekers in parts of the world based on sexual grounds. Grungras has spent many years advocating for lesbian, gay, bisexual, transgender and intersex refugees and asylum-seekers, and is the founder and executive director of the San Francisco-based Organisation for Refuge, Asylum and Migration (ORAM). ORAM's work includes education, representation, advocacy and capacity building on LGBTI issues. UNHCR Public Information Intern Dasha Smith spoke to him during a recent forum on LGBTI refugee protection in Washington, DC. Excerpts from the interview: You've been wo...