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14/11/2019
EE: Tallinn Court of Appeal rules on credibility of Namibian applicant who claims to be gay

ECLI
Input Provided By
EUAA Courts and Tribunals Network
Other Source/Information:
Referral to the CJEU
No
Original Documents
Type
Judgment
Relevant Legislative Provisions
Revised Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection- recast)/or QD 2004/83/EC;
Reference
Estonia, Courts of Appeal (Circuit Courts) [Ringkonnakohtud], XX (Namibia) v Politsei- ja Piirivalveametiigi (Police and Border Guard Board), 3-19-850, 14 November 2019. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1014
Case history
Related cases:
Abstract

The judgment involves a citizen of Namibia who claims to be gay. The Tallinn Court of Appeals noted that considering that a sexual intercourse between two men is criminalized in Namibia and same-sex relations are thus not tolerated in the society, it can be understood why the applicant’s statements are not very detailed. It is possible that the applicant feels shame when talking about his sexual orientation. Ignorance of LGBT groups does not necessarily indicate the applicant’s lack of credibility. Not everyone wants to have his or her sexual orientation to be publicly known. Since there was a statement made to the police about the applicant’s sexual activities, the applicant had reason to fear his arrest in Namibia.

Country of Decision
Estonia
Court Name
EE: Courts of Appeal (Circuit Courts) [Ringkonnakohtud]
Case Number
3-19-850
Date of Decision
14/11/2019
Country of Origin
Namibia
Keywords
Credibility
Sexual Orientation
Vulnerable Group