France - CNDA, 7 July 2009, Mr. C., n°634565
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What was at stake
EDAL summary. Homosexuals in Tunisia, even those that do not proclaim or overtly demonstrate their sexual orientation, can be considered as constituting a specific and sufficiently identifiable whole so as to form...
What happened
Mr. C., an applicant from Tunisia, faced severe persecution due to his homosexuality. He was ostracized in his rural community and physically assaulted for refusing to marry a woman chosen by his father. After being caught engaging in a homosexual act at work, he was threatened by his superior, prompting him to flee to France.
What the court decided
The CNDA held that, in Tunisia, homosexual individuals – even those who do not openly display their orientation – constitute a distinct and identifiable social group that faces criminal prosecution, police and family violence, and therefore the applicant’s fear of persecution is linked to his membership in that particular social group, justifying recognition as a refugee.
How the court got there
The CNDA determined that homosexual individuals in Tunisia face significant risks of persecution, including criminal prosecution and violence from both police and family members. The court concluded that Mr. C.'s fears of returning to Tunisia were well-founded and directly linked to his membership in a particular social group, thus warranting his recognition as a refugee.
Statutes and cases cited
- § 1951 Refugee Convention Art 1A(2)
- CNDA, 23 December 2010, Mr. K., n°08014099
Categories
Authoritative link
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