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25/07/2023
FR: The CNDA granted refugee protection to an applicant from Uganda noting the promulgation of The Anti-Homosexuality Act and the applicant's membership in the social group of homosexual people in Uganda.

ECLI
Input Provided By
EUAA IDS
Type
Decision
Original Documents
Relevant Legislative Provisions
UN International Covenants / UN Conventions
Reference
France, National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)], M. K. v French Office for the Protection of Refugees and Stateless Persons (OFPRA), No 23008863 C+, 25 July 2023. 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=3702
Case history
Other information
Abstract

The applicant, a Ugandan national, lodged an application for international protection alleging persecution on the basis of his sexual orientation. The OFPRA rejected his application. He thus appealed against this decision before the CNDA, requesting the court to annul the OFPRA's decision and to grant him refugee status.


The court, after recalling the 1951 Geneva Convention and the meaning of "membership of a particular social group", established that homosexual persons in Uganda constituted such a group. The CNDA based its decision on the measures contained in The Anti-Homosexuality Act promulgated in Uganda on 26 May 2023. The court noted that this law includes the following provisions:


  • The offence of homosexuality can be punished by imprisonment for life;
  • Aggravated homosexuality can be punished by death sentence;
  • Promotion of homosexuality can be punished by up to 20 years in prison;
  • The duty to report acts of homosexuality.

The CNDA also invoked country-of-origin information establishing that homosexual individuals were already at risk of persecution before this bill was adopted. Finally, the CNDA noted that the applicant’s sexual orientation was established during the international protection proceedings and referred to his past experiences (treatment from his family after they found out he was homosexual, blackmailing and assault) to determine that he was facing a serious risk of persecution in Uganda. Therefore, the court confirmed that the applicant was indeed a member of a particular social group in the sense of the 1951 Refugee Convention, annulled the contested decision and granted him refugee protection.


Country of Decision
France
Court Name
FR: National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)]
Case Number
No 23008863 C+
Date of Decision
25/07/2023
Country of Origin
Uganda
Keywords
Country of Origin Information
Gender identity / Gender expression / Sexual Orientation / SOGIESC
Membership of a particular social group
Vulnerable Group
Source
CNDA
Other Source/Information
CNDA Press release
RETURN