B. and C. v. Switzerland
Article 3ViolationREF 889/19
Switzerland · 2020 · Non-Refoulement

B. and C. v. Switzerland

Summary

Removal of a gay applicant to The Gambia without an adequate assessment of the risk from private actors and state protection would violate Article 3.

Facts

The applicant, a gay man who had lived in Switzerland for years, argued he would face persecution if returned to The Gambia. Swiss authorities did not sufficiently examine either the risk from non-state actors or the ability of Gambian authorities to protect him.

Court's Reasoning

The Court held that national authorities must carry out an individualised assessment of both the risk of ill-treatment on account of sexual orientation and the effectiveness of state protection in the country of origin.

Why It Matters

Leading authority on the duty of asylum authorities to assess private-actor risk and state protection in SOGI cases.

#non-refoulement#asylum#sexual orientation#state protection
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