European Union Court bans putting asylum seekers through sexual orientation test

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European authorities can not use psychological tests as grounds to dismiss asylum claims made by people who say they have fled their country due to their sexual orientation, the European Court of Justice ruled on Thursday.

The European Court of Justice on Thursday prohibited member nations from putting asylum seekers through tests that aim to determine their sexual orientation, BBC reported.

The court added that consent for these psychological tests "is not necessarily given freely" because "it is imposed under the pressure of the circumstances in which an asylum seeker finds himself". A Dutch court had said that the men had failed to prove their sexuality.

Psychological tests amount to "disproportionate interference" in private life of asylum seekers, says Europe's top court.

The ruling involved a Nigerian man subjected to tests by Hungarian authorities, which the court said had interfered unduly in his private life.

The state-appointed Hungarian psychologist who studied the case concluded that the Nigerian man was not gay, resulting in the rejection of his application and prompting an appeal.

Katrin Hugendubel‏, advocacy director for ILGA-Europe, called the ruling "an important step against one of the many problems and humiliations LGBTI refugees still face in many European Union member states".

"An important step against one of the many problems and humiliations LGBTI refugees still face in many European Union member states", tweeted Kartin Hugendubel, advocacy director for ILGA, a worldwide organisation campaigning for LGBTI rights.

Out MP Joanna Cherry raised the issue during Prime Minister's Questions, off the back of the Prime Minister's landmark appearance at the PinkNews Awards, where she declared that "LGBT rights are human rights".

"This marks the end of the outdated and stigmatising psychological testing of asylum seekers", they said in a statement, pointing out that Hungary authorities' preferred method has been using the controversial psychological tests.

Hundreds of homosexuals fearing persecution in Africa, the Middle East and Chechnya have sought asylum in the EU, the EU Agency for Fundamental Rights reports.

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