European Union, Court of Justice of the European Union [CJEU], 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.
The applicant was from Myanmar and applied for international protection in France on account of the persecution he risked facing based on his sexual orientation. The OFPRA rejected his application and the applicant contested the negative decision before the CNDA.
The CNDA recalled that the granting of refugee status on grounds of membership of a particular social group in relation to the applicant's sexual orientation did not require for the latter to express sexual orientation publicly, nor the existence of national laws criminalising it. However, the court added that such a law existed in Myanmar and that available country-of-origin information showed that the relevant provisions were being enforced. Noting that the applicant's declarations regarding his sexual orientation were sufficient to establish the grounds for his application, the CNDA granted him refugee status.
In the relevant press release, the CNDA mentioned the CJEU judgment 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, 7 November 2013).
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