Assessing Credibility of Asylum Seekers' Statements on Sexual Orientation: Lights and Shadows of the F Judgment

Abstract

(Series Information) European Papers - A Journal on Law and Integration, 2018 3(2), 875-884 | European Forum Insight of 17 July 2018 | (Table of Contents) I. Introduction. - II. The case: facts and legal context. - III. Findings and comment. - III.1. First question: assessing sexual orientation through experts' reports. - III.2. Second question: assessing sexual orientation through projective psychological tests. - IV. Conclusive remarks. | (Abstract) This Insight examines the judgment delivered by the Court of Justice on 25 January 2018 in the case F (C-473/16). This case concerns a very sensitive topic, as it relates to the admissibility of an expert's report and projective personality tests to assess the existence of a specific ground upon which international protection can be asked, namely sexual orientation. The Court lays down important criteria in a constant attempt to ensure the respect of the applicant's fundamental rights. The F judgement is likely to give an impetus to a new legal approach on the matter, even if some points of the Court's legal reasoning are not fully convincing.

Keywords

• asylum
• homosexuality
• credibility
• expert's report
• personality tests
• art. 4 of directive 2011/95