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Case Law

Danish Refugee Appeals Board
01/03/2005
Area Asylum and subsidiary protection
Grounds of discrimination Discrimination on ground of sexual orientation
Denmark , Discrimination on ground of sexual orientation , Right to asylum .
Key facts of the case:

A female homosexual from Iraq applied for asylum in Denmark. She feared persecution because of her sexual orientation if returned to Iraq. She said that she had only informed some family members and some acquaintances in Denmark about her sexual orientation.

Main reasoning/argumentation:

The Board found that the applicant was not in danger of persecution because of her sexual orientation since there was no reason to believe that the authorities in Iraq had knowledge of the fact that she was homosexual. Furthermore the Board concluded that homosexuality is not a crime in Iraq.

Results:

Asylum denied because the applicant was seen not to be in risk of persecution if returned to Iraq.