Ferri, ‘Assessing Credibility of Asylum Seekers’ Statements on Sexual Orientation’, 2018

Federico Ferri, ‘Assessing Credibility of Asylum Seekers’ Statements on Sexual Orientation: Lights and Shadows of the F Judgment’, 2018 European Papers: a Journal on law and Integration, 3 (2): 875-884

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.