The case concerned a homosexual applicant from Iraq who claimed asylum in Germany. The BAMF rejected the application and upon appeal the regional administrative court of Leipzig overturned the negative decision and granted refugee status.

The court found, based on updated COI, that homosexuals in Iraq are subjected to human rights violations and discrimination which, in accordance with Section 3a Paragraph 1 No. 2 Asylum Act, is tantamount to a serious violation of fundamental human rights. They are at risk of physical or psychological violence and state authorities, or other organisations are not willing or able to offer protection. Also, there is also no internal flight alternative for protection, since the attacks are targeting all homosexual persons throughout the country. The court also referred to previous national case law from different courts which reached the same conclusion.

The court noted that it is widespread that population generally reject homosexuality as incompatible with religion and culture and there is a high risk of social ostracism and even honour killings. The court underlined that the applicant cannot be requested to supress or hide his true identity and pretend to be a different person. The court stated that this cannot be required from homosexuals, and it cannot be requested from them to hold back more than others when exercising their sexuality (Minister voor Immigratie en Asiel v X, Y, and Z v Minister voor Immigratie en Asiel, C-199/12, C-200/12, C-201/12 , ECLI:EU:C:2013:720, 7 November 2013). 

Based on the abovementioned, the court stated that the applicant is at risk at persecution from non-state actors, such as Shiite militias, Sharia courts or tribal leaders and cannot benefit of protection from state or non-state actors.