A Cameroonian national requested international protection in Cyprus on 4 August 2019, citing fear of persecution based on her sexual orientation. She reported facing severe issues due to her bisexual orientation, including the forced removal of her children at the insistence of her husband's family, rejection by her own relatives, and being subject to sexual violence. By decision of 2 March 2022, the Asylum Service rejected the application deeming her statements too general and internally inconsistent to be credible. The applicant appealed the decision before the International Protection Administrative Court (IPAC).

The IPAC noted that the Asylum Service failed to consider key elements that might have been decisive for the outcome of her asylum application and did not carry out a substantive assessment of the allegations. The court found the applicant’s statements credible and coherent including those concerning her romantic relationships, the psychological trauma resulting from abuse she suffered as a minor, and the subsequent degrading and aggressive behaviour she endured from the father of her children —experiences she described as shaping her understanding and acceptance of her sexual identity.  In contrast to the findings of the Asylum Service, the court observed that the applicant’s personal narrative reflected her emotional state and the inner conflict between expressing her identity and safeguarding herself from harm. Additionally, the court considered that the evidence submitted by the applicant, namely photographs depicting attacks against her and her home, had limited probative value but was nonetheless consistent with her claims. The IPAC then criticised the Asylum Service for failing to assess the applicant’s allegation that she had been raped in Cameroon due to her sexual orientation. It further emphasised that the Asylum Service had merely listed the applicant’s claims and applied the Difference, Stigma, Shame, and Harm (DSSH) indicators as superficial labels without carrying out a meaningful or substantive assessment.

The IPAC examined the legal framework and the treatment of the LGBTIQ community in Cameroon, finding that consensual sexual activities between adults of the same sex was prohibited and punishable by imprisonment of six months to five years and the imposition of a fine. Furthermore, it noted that LGBTIQ individuals in Cameroon faced social stigma, harassment, and discrimination, including threats of "corrective" rape, and competent authorities were unwilling to provide effective protection against persecution or serious harm. The court cited the Human Rights Watch's annual report on Cameroon published in January 2023, which reported that several people were arrested or detained for alleged homosexual consensual behaviour and gender non-conformity. The court also considered the U.S. Department of State's report on Human Rights Practices – Cameroon, which highlighted the arbitrary arrests, harassment and threats carried out by the police towards LGBTIQ people. It further emphasised that LGBTIQ people face violence from both state and non-state actors.

Considering the situation faced by members of the LGBTIQ community in Cameroon and the personal circumstances of the applicant, the IPAC found reasonable to expect that she could face persecution if she returns to her place of habitual residence.

The court referenced the CJEU’s judgment Minister voor Immigratie en Asiel v X, Y, and Z v Minister voor Immigratie en Asiel (Joint cases C-199/12, C-200/12, C-201/12, 7 November 2013), which established that the enforcement of laws criminalising homosexuality through imprisonment or other penalties may amount to persecution. In that judgment, the CJEU also held that, when assessing persecution on the grounds of membership of a particular social group, two cumulative conditions must be met: first, members of such group must share characteristics or beliefs that are so fundamental to their identity that they should not be forced to renounce them; second, the group must have a clearly defined identity in the country of origin, as it is regarded as different by the surrounding society. The court then found that LGBTIQ persons in Cameroon may constitute a particular social group, as they share a common immutable and intrinsic characteristic and are perceived by both the state and society as a distinct group evidenced by the legislative provisions targeting the LGBTIQ community and the widespread discriminatory behaviour towards them in the country.

Considering the above, the IPAC annulled the administrative decision and granted the applicant refugee status as a member of a particular social group.