EU court blocks gay asylum tests

Danthus

Danthus

Danthus

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The EU's top court has ruled that refugees who claim asylum on the grounds that they are homosexual should not have to undergo tests to prove it.

Three men, including a Ugandan and one from a Muslim country, failed in their bids for asylum when a Dutch court said they had not proved their sexuality.

EU states including the UK have been criticised for their handling of gay asylum requests.

The European Court of Justice (ECJ) says they must respect human dignity.

Its rulings apply to all EU member states.

The case is significant across the EU because of a surge in the numbers of sub-Saharan Africans seeking asylum in Europe this year. Most African countries treat homosexuality as a crime.

The Czech authorities were criticised by the UN, EU and human rights activists in 2011 for using an erection or "phallometric" test - a practice dating back to communist times - to determine whether certain asylum seekers were gay.
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It seems reasonable to me that a if you claim asylum based on your sexuality then the country in which you are has a right to establish that you are in fact homosexual.
 
OldCoals said:
It seems reasonable to me that a if you claim asylum based on your sexuality then the country in which you are has a right to establish that you are in fact homosexual.
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When a person claims asylum, they will need to provide a evidence (even if it is only anecdotal) of the reason they are doing so. If the claim is for homophobia, then that person would have been asked detailed questions about his/her sexual experiences, relationships, any believable life ending threats by other people (which can not be escaped anywhere in their country), etc. Based on that (ultimately) a tribunal will decide whether that person is indeed homosexually inclined and there is a threat to his life if he were to be sent back to his country.

I don't see what kind of "test" could be applied here? Or should we bring back the ducking-stool?
 
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OldCoals said:
It seems reasonable to me that a if you claim asylum based on your sexuality then the country in which you are has a right to establish that you are in fact homosexual.
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Is there a test that definitively proves someone is gay? Is that test also non-humiliating and more scientific than "prove that you are willing to have intercourse with someone of the same gender"? It's worth bearing in mind that some of the tests that select countries employ (often for national service) are demeaning and utterly worthless in determining if someone is gay or not. It's a weird theory that if someone is gay that there's a common set of characteristics or attraction that you can define them by - it would be like suggesting that all heterosexuals were attracted to the same people with no variation when that is demonstrably untrue.

twist3d0n3 said:
take them to a gay pride festival and see how uncomfortable they look.
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This may be a joke but there are plenty of gay people who aren't comfortable with what happens at gay pride festivals - no innuendo intended there.
 
OldCoals said:
It seems reasonable to me that a if you claim asylum based on your sexuality then the country in which you are has a right to establish that you are in fact homosexual.
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Indeed, otherwise every single asylum seeker would simply claim to be homosexual and persecuted.

I think even Abu Qatada might have claimed a dalliance or two.
 
All they need to do is shove these immigrants in a room with that tellypoof, what's his name again...

Erm....

The one with the glasses...

FFS...

Goddammit. I'll return to this later.
 
GOK WAN!

Yes, him. All they need to do is lock these immigrants in a room with Gok Wan for a few hours. Problem solved.
 
Anyway, why don't they just use the established German test:

pic_12023668426211.jpg
 
Diddums said:
GOK WAN!

Yes, him. All they need to do is lock these immigrants in a room with Gok Wan for a few hours. Problem solved.
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And what result determines what?


As anything but murder just proves there a slightly fat middle aged woman with body image issues
 
Tefal said:
And what result determines what?


As anything but murder just proves there a slightly fat middle aged woman with body image issues
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Speak slowly Tefal, use your words :D

What I meant was, if all these immigrants can put up with Gok Wan for a few hours, they must be gay. Otherwise.... actually, he'll be dead after the first straight dude.

We're going to need more Gok Wans!
 
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