Case summaries
Italy - Court of Appeal of Bari, 5 March 2013, n. 299
Country of applicant:
Gambia
Keywords:
Credibility assessment, Persecution (acts of), Well-founded fear, Membership of a particular social group, Sexual orientation
Although same-sex conducts are not expressly criminalised and prosecuted in Gambia, the climate of intolerance, together with the actual treatment of LGBTI persons, shows that the applicant has a well-founded fear of persecution.
Date of decision:
05-03-2013
Belgium - Council for Alien Law Litigation, 9 September 2009, Nr. 31.311
Country of applicant:
Gambia
This case concerned the differentiation that the Office of the Commissioner General for Refugees and Stateless Persons (CGRS) and the CALL make between homosexual acts committed for economic reasons (prostitution) and homosexual acts committed because of a person’s sexual orientation. The distinction was challenged by the applicant; however, the CALL did deal with this aspect of the applicant’s claim as they dismissed the appeal on adverse credibility findings.
Date of decision:
09-09-2009
Netherlands - AJDCoS, 22 April 2009 , 200809034/1/V2
Country of applicant:
Gambia
Keywords:
Accelerated procedure, Credibility assessment
The case concerns whether or not the accelerated procedure used in the applicant’s claim was consistent with Art 23.4 of the Asylum Procedures Directive which allows for an accelerated procedure. It was found that the accelerated procedure was consistent with the Asylum Procedures Directive because the applicant was found not to be credible.
Date of decision:
22-04-2009