EU Court finds that asylum seeker in Hungary should not have undergone sexuality test

27, Jan 2018 | CJP Team

Reuters reported that the European Court of Justice (ECJ) found that a Hungarian immigration authorities should not have administered psychological tests on a Nigerian asylum seeker to ascertain if he was being truthful about his sexual orientation. “The performance of such a test amounts to a disproportionate interference in the private life of the asylum seeker,” the ECJ stated, essentially prohibiting using sexual orientation tests on asylum seekers. The ECJ found that the man should not have been forced to undergo tests such as drawing a picture of a person in the rain, and the Rorschach inkblot test. The man sought refugee status in Hungary in April 2015, stating that, given his homosexuality, he suffered persecution in his home country. Based on the tests, a state-appointed psychologist found that he was not homosexual, and his request was denied, resulting in an appeal. The Hungarian court referred the case to the ECJ, which said that although it was reasonable to secure expert opinion, this should be done using methods that conform to human rights.