French National Asylum Court (CNDA), Case no. 095-03-01-02-03-05 C+, 2025

French National Asylum Court (CNDA), Case no. 095-03-01-02-03-05 C+, 17 March 2025

Summary

France: The National Asylum Court grants refugee status to a Guatemalan threatened for his sexual orientation

On 17 March 2025, the French National Asylum Court (CNDA) released its judgement in the case no. 095-03-01-02-03-05 C+.

The case concerned a Guatemalan national who applied for asylum in France, arguing that he feared persecution in Guatemala due to his sexual orientation. He described a history of discrimination and violence, including the murder of his former partner, threats and extortion in his home village, and a homophobic assault in Guatemala City. The applicant concealed his sexual orientation fearing persecutions. Fearing for his safety, he fled the country and arrived in France the following day. The French Office for the Protection of Refugees and Stateless Persons (OFPRA) rejected his asylum application on 23 October 2023, prompting him to appeal to the CNDA.

The CNDA considered whether LGBTI individuals in Guatemala constitute a “particular social group” and whether the applicant faced a credible and ongoing risk of persecution if returned to his home country. It found that LGBTI individuals in Guatemala are subject to widespread discrimination, violence, and social exclusion, noting reports from Human Rights Watch, Amnesty International, and national and international human rights organisations documenting increasing attacks against LGBTI persons, including targeted killings and systemic impunity. Although Guatemalan law does not criminalise homosexuality, the absence of legal protections, the lack of state mechanisms to combat discrimination, and the authorities’ failure to prevent or punish violence against LGBTI individuals create an environment of persecution.

The court further underlined that requiring LGBTI individuals to conceal their sexual orientation to avoid persecution is incompatible with the 1951 Geneva Convention. Assessing the applicant’s personal circumstances, the CNDA found his testimony credible, detailed, and consistent with country reports. His account of lifelong concealment of his sexual orientation, fear of societal rejection, experiences of violence, and eventual flight from Guatemala was deemed sufficiently substantiated. The court concluded that, due to his sexual orientation, the applicant had a well-founded fear of persecution in Guatemala and could not rely on state protection.

The CNDA annulled OFPRA’s decision and granted M. C. refugee status.

Based on an unofficial translation from within the EWLU team.

[Source: ELENA Weekly Legal Update – 28 March 2025]