France - CNDA, 16 December 2008, Mlle S., n°473648
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What was at stake
EDAL summary. It is important to inquire whether there are elements relative to the situation of homosexuals in their country which enable them to be considered as forming a group whose members would face a risk of...
What happened
The applicant, a Ukrainian national, faced hostility, harassment, and attacks due to her homosexuality. She did not report these incidents to the authorities because of the widespread hostility of police officers towards gay people in Ukraine, despite the decriminalization of homosexuality. She left Ukraine in April 2003 and, after her initial asylum application was rejected in France, she lodged a subsequent application, which was also rejected.
What the court decided
The court decided that while the applicant could be considered a member of a group facing potential persecution due to shared characteristics, the incidents she experienced were not severe enough to constitute persecution under the 1951 Refugee Convention. Additionally, the court found that the applicant did not face a serious threat upon return to Ukraine.
How the court got there
The court reasoned that while the applicant could be considered part of a group facing potential persecution due to shared characteristics, the incidents she experienced were not severe enough to constitute persecution under the 1951 Refugee Convention. The court also determined that the discrimination and harassment faced by homosexuals in Ukraine were not systematic or constant, and thus did not pose a serious threat to the applicant upon return.
Statutes and cases cited
- § Qualification Directive, Directive 2004/83/EC
- § 1951 Refugee Convention
- CNDA 23 Dec 2010 Mr K
Categories
Authoritative link
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