Germany expands asylum criteria for LGBT migrants

The left-leaning German government is seeking to expand the criteria for a positive asylum claim for LGBT migrants, with future LGBT asylum seekers able to apply for asylum regardless of whether they are publicly open about their sexuality or gender identity or private about it.

Germany’s Federal Office for Migration and Refugees (BAMF) announced this week that it will be changing the criteria from October this year to remove its ‘behavioural prognosis’ which assumes people in need of asylum are open and public about their sexuality or gender identity in their country of origin and therefore prosecuted for it.

From October, even those who are deprived of their sexuality and come from a country that has laws against homosexuality or who could be persecuted for their sexual orientation could be granted a positive asylum decision in Germany, according to the tabloid Image reports.

β€œThe decision on risk of return should be based on the assumption that the applicant will openly live out their sexual orientation and/or gender identity upon return to the country of origin,” the previous BAMF instruction states.

The Lesbian and Gay Association (LSVD) reacted positively to the new criteria, declaring the ‘behavioural prognosis’ to be ‘inhumane’ and said: ‘Only in this way can LGBTQ+ refugees realize their right to live in safety – as discreetly or openly as possible. they want themselves.

In previous years, some European countries have been skeptical of asylum seekers claiming to be gay in order to gain refugee status. In 2018, the Court of Justice of the European Union ruled that asylum seekers should not be subjected to psychological tests to determine the validity of their claims after a Nigerian man seeking asylum in Hungary saw his request rejected following a psychological report.

In September of the same year, Austria rejected the asylum of an Afghan who claimed to be gay after the Austrian Federal Asylum Office (BFA) said the man was probably not gay because there was no homosexual pornography on his cell phone.

Follow Chris Tomlinson on Twitter at @TomlinsonCJ or by e-mail at ctomlinson(at)


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