In the case of X, Y and Z, three homosexual men, applying for asylum in the Netherlands, the Court of Justice published its judgment.

Under certain circomstances, that attain a sufficiently high level of severity, homosexuals may have a well-founded fear of persecution, if in their country of origin homosexual acts are a legal criminal offence, accompanied by a term of emprisonment, that is de facto applied.

The Court states that it is common ground that a person’s sexual orientation is a characteristic so fundamental to his identity that he should not be forced to renounce it. Therefore, an applicant for asylum cannot be expected to conceal his homosexuality in his country of origin in order to avoid persecution.

More information can be found here.