EU Court rejects psychological tests to determine sexual orientation of asylum seekers

The European Court of Justice has ruled that psychological tests cannot be used to assess asylum applications from those facing persecution in their home countries due to their sexuality as such tests amount to “a disproportionate interference in the private life of the asylum seeker.” Hungarian immigration officials had administered such tests to an unidentified man seeking refugee status based on a fear of persecution on account of his homosexuality in his home country of Nigeria. The court ruled the officials acted illegally. His asylum application was rejected as no conclusive results emerged from his test.  The court held that while expert opinion could be sought to determine a person’s sexual orientation, this process should not infringe upon rights guaranteed under the European Charter of Human Rights.