Applying Qualification Directive - 2011/95/UE. CJEU’s Decision C-473/16

Abstract

The credibility of the asylum applicant’s assertions within any member state of the European Union with regard to his or her possible persecution on grounds of sexual orientation, following return, is extremely important for the assessment of asylum admission. Nevertheless, in case C-473/16, the Court of Justice of the European Union (CJEU) states that performing psychological expertise for the assessment of an applicant's sexual orientation does not comply with the Directive, as concerns the Eu Charter of Fundamental Rights.