Dutch Council of State decision 201703038/1/V1, 2018
- Category: Case Law
- Source: National Authorities
- Subject: Sexual Orientation/Sexuality, Refugee/Asylum
- Place: Europe
- Year: 2018
- File: Raadvanstate no. 201703038_1_V1
- URL: https://www.raadvanstate.nl/uitspraken/zoeken-in-uitspraken/tekst-uitspraak.html?id=94551
Dutch Council of State decision 201703038/1/V1, 21 March 2018.
(reference included in the ELENA Weekly Legal Update – 20 April 2018)
According to the Dutch Council of State, asexual applicants do not fall under the exception for LGBTI people in the application of the “safe country of origin” concept. It took into account the fact that, unlike homosexuality, asexuality is not punishable in Algeria, and that available sources do not show that asexual people face discrimination, violence or oppression there. Moreover, the applicant had failed to seek protection from the Algerian authorities against the threats he received for not marrying his niece or on account of his asexuality.