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                                        News & Views - Monday 4th November to Sunday 10th November 2013

Homosexual Applicants for Asylum Can Constitute a Particular Social Group Who May be Persecuted on Account of Their Sexual Orientation

In That Context, the Existence of a Term of Imprisonment in the Country of Origin Sanctioning Homosexual Acts May Constitute an Act of Persecution Per Se, Provided That it Ii Actually Applied

An Applicant for Asylum Cannot be Expected to Conceal His Homosexuality in his Country of Origin in Order to Avoid Persecution

Court of Justice of the European Union, <>Thursday 7th October 2013

Pursuant to a European directive1, which refers to the provisions of the Geneva Convention2, any person who, owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country may claim refugee status. In that context, the acts of persecution must be sufficiently serious by their nature or repetition as to constitute a severe violation of basic human rights.

X, Y and Z are nationals of Sierra Leone, Uganda and Senegal respectively. The