Skip Ribbon Commands
Skip to main content
09/11/2022
NL: The Court of the Hague confirmed negative decision concerning an Iranian applicant who alleged persecution based on sexual orientation due to lack of credibility

ECLI
ECLI:NL:RBDHA:2022:11904
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
Netherlands, Court of The Hague [Rechtbank Den Haag], Applicant (2) v State Secretary for Justice and Security (Staatssecretaris van Justitie en Veiligheid), NL21.10059, ECLI:NL:RBDHA:2022:11904, 09 November 2022. 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=2916
Case history
Other information
Abstract

The case concerned a minor applicant from Iran who claimed that she would be at risk of persecution due to her alleged sexual orientation. Her statements regarding her identity and religious beliefs were found credible, however the State Secretary did not find it plausible the sexual orientation of the applicant and the alleged problems due to photo sharing with classmates. The application as rejected as manifestly unfounded.


The applicant appealed against the negative decision and claimed that the time lapsed between her detailed interview and the negative decision was too long and that she did not substantiate on her sexual orientation due to her young age and of being at the initial phase of the process of awareness regarding her sexual orientation. The Court of the Hague rejected the appeal and considered that the applicant, who was almost 18 years old at the timer of the detailed interview, was mature enough to have a good representation of facts and that she failed to answers to questions on the interview and to provide sufficient information. The court stated that the time lapsed between the interview and the decision was not so long as for a further interview to be necessary and noted that the statements of the applicant were insufficient and not credible regrading her sexual orientation.


Country of Decision
Netherlands
Court Name
NL: Court of The Hague [Rechtbank Den Haag]
Case Number
NL21.10059
Date of Decision
09/11/2022
Country of Origin
Iran
Keywords
Assessment of Application
Gender identity / Gender expression / Sexual Orientation / SOGIESC
RETURN