EU court bans ‘gay tests’ for asylum seekers
Europe’s highest court has ruled that gay asylum seekers will no longer have to undergo “tests” or intimate questioning in order to prove their sexuality.
The European Court of Justice, which oversees asylum policy for all EU member states, said officials will not be allowed to interrogate LGBT applicants about their sexual activity as it undermines the applicant’s dignity and right to privacy, and thus contravenes European law.
Authorities will also not be allowed to request video or photographic evidence as “proof” of homosexuality.
Over the last year, there has been a significant increase in the number of African refugees claiming asylum in the EU, as most African countries still regard homosexuality as a crime, the BBC reports.
Several EU states, as well as the UK, have been repeatedly criticised for their handling of such cases. “What’s happened with European authorities is that there’s been far too much of a fixation in relation to sex and conduct rather than analysis of identity outside the bedroom,” Neil Grungras, the founder of the Organization for Refuge, Asylum & Migration (ORAM) told Deutche Well.
He argues that asylum officials need to “ask the right questions” and do so “tentatively” so as not to further traumatize applicants.
In the Czech Republic, immigration officials have been condemned by UN, EU and human rights activists for conducting “sexual arousal tests” to determine the sexuality of asylum seekers. Applicants were shown heterosexual pornography and if they displayed signs of arousal, they were denied asylum, the BBC reports.
Home Office officials in the UK have also been criticised for their use of “intrusive and abusive” techniques to establish an applicant’s sexuality, often conducted without the presence of a lawyer. Earlier this year, leaked documents revealed the “shockingly degrading” questions asked by Home Office officials, including “What is it about men’s backsides that attracts you?” and “When x was penetrating you, did you have an erection?”, The Guardian reports.
The revelation sparked widespread condemnation, with gay rights organisation Stonewall saying it was evidence of “systematic homophobia” in the UK’s asylum system.
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34 Comments
Dennis Macauley
December 03, 04:37My friend was put through this in belgium! He said it was very humiliating. He was asked to graphically describe a sexual encounter, and he had to oblige them as he could not afford to be sent back to nigeria!
On another note however many straight people are cashing in on it and seeking assylum in these countries. Even “steel core” homophobes (kisses to khaleesi) are pretending to be gay so that they can stay in these countries.
It’s good sha that I am not the one granting assylum…..if not eh?…..***lips sealed***
pinkpanthertb
December 03, 04:46Hahahahaaa oh i know what those sealed lips aren’t saying 😛
Legalkoboko
December 03, 05:03Dennis biko are you still in touch with your friend in Belgium? I heard the rules for an asylum seeker in Europe, Belgium in particular, is very stringent. How easy/difficult is he finding it?
Dennis Macauley
December 03, 05:13Yes he is still in belgium. He was granted eventually, I had to send in a letter/sworn affidavit and all about somethings that happened to him while he was here!
It’s was very stringent, but they eventually granted him!
Legalkoboko
December 03, 05:42The problem with asylum seeking is that you are never allowed to go home and see your close relations. You try that, and your asylum status gets revoked. Its a grim decision really.
Dennis Macauley
December 03, 05:57I think you can’t go home for about 5 years or there about! But leave naija people! My friend has been home, he landed in Ghana and came by road to nigeria attended his sister’s wedding and stuff and went back through the same route!
Naija always finds a way!
Legalkoboko
December 03, 07:21na wa oo. naija no dey carry last jor!
pinkpanthertb
December 03, 06:47Whoa! Seriously?! @legal
Legalkoboko
December 03, 07:27Pinky yes oo. it is that bad.
gad
December 03, 09:11Someone on asylum wanting to go home? That’s the problem. It brings to the fore the insincerity of the whole thing. You are in danger in your country and you ran to safety.Now you want to go on holidays in the same place where your life was hitherto not safe. Must we call Oyibo people dumbs to their face?
Kryss S
December 03, 04:52Ah Dennis! U shaa need Jesus in ur life! A na ako nke e mere e tinye nke gi! Lol!
But this is digusting! Wtf! I get aroused watching heterosexual porn! But its d guys that am fantasizing about! Pornographic evidence? As in sex tap? That is d height of it!! Nd d intimate questions? Me that used shame to sew iro nd buba. I will just shrink! Thank God they r banning such derogatory rubbish test!
Dennis Macauley
December 03, 05:01@kryss, LOL
Yes na! I will like to inspect the “merchandise” for “signs of entry”
***straight face***
Legalkoboko
December 03, 07:35I stick to d primary meaning of cupcakes pls. *winks *
Kryss S
December 03, 07:39Awwwwwwww Dennis!!!!! U r just too nasty! *slaps Dennis flirtatiously on his butt*! Lol!
Legalkoboko
December 03, 05:06Tufiakwa! This Dennis don spoil finish. Hei.
Dennis Macauley
December 03, 05:15***ROTFL***
Sign of the cross
Me kwa? Spoil? Nooo! I’m still fresh outta the oven!
LOL!
Pink Panther help me out here! You know me very well, am I spoilt?
pinkpanthertb
December 03, 05:20Is Neil Patrick Harris gay?
Legalkoboko
December 03, 05:37yea right. You went inside the oven looking for cupcakes getting baked. Little wonder why u looked “fresh” when u came out from the oven. Hahahaha!!
Dennis Macauley
December 03, 05:59Shebi you see yourself? And I am the one that is spoilt!
See how you have turned something as innocent as cupcakes into something else!
Masked Man
December 03, 04:58*packing my bags. On my way to Italy*
Gosh, that romntic country. Surely there are gay Cassanovas there too na.
A-non
December 03, 07:05The recession in Italy at the moment is quite stark…
Wanna reconsider your country choice?
gad
December 03, 05:05This is a breakthrough for all asylum seekers. I think it calls for celebrations. Lol
Dennis Macauley
December 03, 05:16@gad ***sarcasm detected***
victor
December 03, 05:36If I had the financial resources,this would have been my call to never return,lols
gad
December 03, 09:00Does one need finance to get asylum? The picture I always have of asylum seekers are that of a vulnerable,weak and endangered people. Any, what do I know? I’m just asking
EU court bans gay tests for asylum seekers | kritzmoritz
December 03, 05:17[…] EU court bans gay tests for asylum seekers. […]
#TeamKizito
December 03, 05:55Hmmm.
chestnut
December 03, 07:17When I first saw the title,I asked myself “what the fuck is a ‘gay test’ “?
…And,”video and photographic evidence as a proof of homosexuality”?
Who doesn’t get turned-on by straight porn,biko? Even heterosexual dicks will rise if they are patient enough to get to d middle of gay porn!
Those interrogators are a mess! Ashawo ppl wey wan use style hear gist! I’m surprised they didn’t insist on fingering or blowing anyone who claimed to be gay…as a “proof of homosexuality”. Shior!
FKA Chizzie
December 03, 07:29This is one test I would’ve easily passed.
Meanwhile how does one go about applying for asylum in the first place? The Naira has been devalued…Oil prices are crashing…inflation is imminent,there’s a spreading insurgency up north andddddd this heat wave has become unbearable, safe to say this isn’t the best of times to be Nigerian.
Legalkoboko
December 03, 07:33Chizzy you have to be within the territory before you can apply.
pinkpanthertb
December 03, 08:32Abso-fucking-lutely NOT the best of time.
trystham
December 03, 07:36Expose me to heterosexual porn, of course I’d be aroused. There’s a dick in there somewherw. I thot whities were supposed to av sense
pinkpanthertb
December 03, 08:35Hahahahahahahaaa!!! Prejudice has a way of eroding common sense.
KingBey
December 06, 00:06Me that loves staring at a big black dick…..the straight porn they showing better not have it ….oh ! Thank you EU……#AsylumSeekingModeActivated