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 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.
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