A, B and C v Staatssecretaris van Veiligheid en Justitie
Court of Justice of the European Union · Joined Cases C-148/13 to C-150/13 · 2 December 2014 · European Union
Key principle
Dignity and privacy set the outer limits of credibility assessment in SOGI asylum claims.
Facts
Three asylum seekers challenged the way Dutch authorities assessed the credibility of their stated sexual orientation, including intrusive questioning and demands for evidence.
Legal questions
What are the limits placed by EU law and the Charter of Fundamental Rights on how authorities may verify a claimed sexual orientation?
Holding
Credibility assessment must respect human dignity and private life. Authorities cannot rely on stereotypes, may not require detailed questioning about sexual practices, may not accept explicit visual evidence, and may not treat late disclosure as automatically undermining credibility.
Practical relevance
Directly constrains interview practice across EU Member States and informs asylum training worldwide.
Limitations
The judgment does not prescribe a positive interview method; it lists prohibited practices. National procedural rules still apply.
General information only. ImmigrationLGBT is not a law firm and this summary is not personalised legal advice. Consult a qualified lawyer or accredited representative in the relevant jurisdiction. Legal status and subsequent treatment of the decision may have changed.