M.E. v. France

The Court examined whether removal of an LGBTQ+ applicant to their country of origin would expose them to a real risk of ill-treatment contrary to Article 3 ECHR.

The applicant claimed to have suffered persecution because of their identity in the country of origin, and sought international protection in France. National authorities rejected the claim and issued a removal decision.

The Court assessed country-of-origin information on anti-LGBTQ+ violence together with the applicant's individual profile, and reiterated that authorities must not expect applicants to conceal their sexual orientation or gender identity to avoid persecution.

Reaffirms the non-refoulement obligation of Contracting States in relation to LGBTQ+ applicants and rejects the 'discretion' requirement.