# The Gay Test: good for asylum seekers?

At least 69 nations have laws prohibiting homosexuality, and discrimination against LGBTI people is pervasive everywhere.

There is some test that asylum use but also some test like [am i gay test ](https://gaytest.io/)are also useful.

According to EU law, victims of this discrimination who are then persecuted because of their sexual orientation or gender identity are entitled to asylum.

However, as this site has already noted, it is nearly impossible to "prove" whether a person is LGBTI and, hence, whether their asylum application is credible.

Even if the situation is far from ideal right now, two instances from the Court of Justice of the [European Union](https://european-union.europa.eu/index_en) (CJEU) demonstrate.

Just like the past medicalized examinations that violated human rights were used to determine the sexual orientation of LGBT asylum applicants.


## Cases Of Justice

The 2014 case of A, B and C v Straatssectaris van Veilgheid en Justitie was referred to the CJEU by the Netherlands after each of the three applicants’ claim for asylum had been rejected for not being credible.

So part of the assessment, in an attempt to demonstrate that their asylum claim was true, two of the three applicants submitted pornographic video evidence of same-sex sexual acts that they had participated in.

The Dutch authorities rejected to allow this as evidence.

After this was appealed, the Dutch Council of State referred the case to the CJEU, asking what was the limit of what can be used as evidence of a credible claim by a gay asylum seeker.


## Medical Tests

One thing that the CJEU failed to do in this case,

However, is to completely eliminate the possibility of the use of, and reliance on, stereotypes within credibility assessment.

While stereotypes alone cannot be used to say that an asylum seeker is not gay, they are not completely banned – meaning that adjudicators’

Western, clichéd and even offensive thoughts on what a gay person is can enter an official asylum process.

As a quick example of how stereotypes can be manifested and used against applicants is that of a Ugandan lesbian claiming asylum in the UK who was asked if she had ‘[Oscar Wilde](https://wikipedia.org/wiki/Oscar_Wilde)’

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