One thing that the CJEU failed to do in this case, however, is to completely eliminate the possibility of the use of, and reliance on, stereotypes within credibility assessment. While stereotypes alone cannot be used to say that an asylum seeker is not gay, they are not completely banned – meaning that adjudicators’ Western, clichéd and even offensive thoughts on what a gay person is can enter an official asylum process. As a quick example of how stereotypes can be manifested and used against applicants is that of a Ugandan lesbian claiming asylum in the UK who was asked if she had ‘read Oscar Wilde’. This time the case was referred to the CJEU by Hungary on the basis as to The problem with this was made clear in 2018 with įorward in terms of disallowing medical tests, it did not define what exactlyĬonstituted a medical test. Whether psychological or psychiatric tests could be used to determine whetherĪn asylum seeker’s self-identified sexuality was credible.
