France - CNDA, 6 April 2009, Mr. K., n°616907
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What was at stake
EDAL summary. While Kosovan legislation prohibits any discrimination based on sexual orientation since 2004, persons who publicly acknowledge their homosexuality and demonstrate it in their external behavior regula...
What the court decided
The CNDA held that Kosovo homosexual persons who publicly acknowledge their homosexuality constitute a particular social group under Article 1A(2) of the 1951 Refugee Convention because, despite Kosovo's 2004 anti-discrimination legislation, they face de facto harassment and discrimination and cannot obtain protection from authorities who often wrongly declare homosexuality illegal. Applying this to Mr. K., the Court found his reasonably feared persecution upon return to Kosovo was linked to his membership of this particular social group, warranting refugee status.
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Authoritative link
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