F v Bevándorlási és Állampolgársági Hivatal
Court of Justice of the European Union · C-473/16 · 25 January 2018 · European Union
Key principle
Expert evidence in SOGI cases must respect dignity and private life; it cannot substitute for individual assessment.
Facts
Hungarian authorities relied on a projective psychological personality test to assess a Nigerian applicant's stated sexual orientation.
Legal questions
May Member States use psychological expert reports based on projective personality tests to determine sexual orientation, and may decisions rest solely on such a report?
Holding
Such projective personality testing is inconsistent with the right to respect for private life and the Charter, and decisions cannot be based solely on an expert report.
Practical relevance
Restricts recourse to medical and psychological 'tests' of orientation.
Limitations
Does not prohibit all expert input; it targets projective personality tests and sole reliance on experts.
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.