A, Syrian national, applied for asylum in Switzerland and has been interviewed several times in 2015. He invoked family issues related to his refusal to perform military service for the Syrian authorities, threats and violence by his father and active involvement in demonstrations against the Syrian regime. His application was rejected by decision of 27 October 2017 and the expulsion order was postponed until a decision on provisional admission. He appealed the negative decision and requested to be granted refugee status. In 2018, he submitted for the first time claims about his homosexuality, medical reports and social media extracts together with articles on the situation of gay in Syria and Turkey. Another reason for having left Syria is his homosexuality, which is prohibited in Syria and he would be at risk if returned. The State Secretariat for Migration submitted before Federal Administrative Court (FAC) that the new elements could not change the assessment of his asylum claim.

The FAC held that homosexuality can be a reason for persecution and Syrian legislation criminalises same sex relations and no state actor’s protection can be sought. Updated country of origin reveals that it is impossible for homosexuals to openly live in Syria and the FAC found that concealment and suppression of sexual orientation as a result of persistent­ fear of outing, and lack of protection from state or private actors, amounts to unacceptable psychological pressure and justifies the grounds for granting refugee status.