S Chelvan of No5 Chambers analysed the impact of a case concerning three gay asylum seekers on the BBC World Service Newshour program on 7 November.
The case — C-199/12, C-200/12, C-201/12 – X, Y, Z v Minister voor Immigratie en Asiel — concerned three gay asylum seekers from Senegal, Sierra Leone and Uganda.
The court held that all EU member states who have ratified the 2004 Qualification Directive have a duty to consider the facts in the country of origin in determining the extent to which criminal laws are applied.
On the BBC program, Chelvan said: ‘There are approximately 10,000 gay or lesbian applicants who come to the European Union every year to seek sanctuary… The case presents a missed opportunity.’
The interview was also picked up by the Australian Broadcasting Corporation on 8 November.