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Case Law

Refugee Appeals Board
22/02/2000
Legal provision Directive 2004/83/EC
Area Asylum and subsidiary protection
Grounds of discrimination Discrimination on ground of sexual orientation
France , Discrimination on ground of sexual orientation , Right to asylum .
Key facts of the case:

M.A. is an Algerian national who is ‘widely known’ to be homosexual, by reason of his actions as an activist for the homosexual community.
He had been subject to intimidation, pressure and death threats by his country's authorities. Fearing for his life, he fled his country to seek refuge in France.

Main reasoning/argumentation:

M.A. seeked refugee status by virtue of the Geneva Convention, judging that his belonging to a social group, i.e. the homosexual community, was a motive for persecution as laid out in Article 1, A, 2 of the Convention. Following the rejection of his claim by the OFPRA (Office français de protection des réfugiés et des apatrides [French office for the protection of refugees and stateless persons]), he appealed to the CRR to obtain refugee status.

Key issues:

The CRR esteemed that homosexuals who wished to exhibit their homosexuality through their public behaviour in Algeria were at risk of criminal charges as well as intimidation and pressure. In this sense, M.A.'s fears were considered to be the result of his belonging to a social group in the sense of Article 1, A, 2, of the Geneva Convention, and it was held that seeking refugee status was justified.

Results:

The CRR annulled the OFPRA's decision and granted M.A. refugee status in the sense of the Geneva Convention.