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CJEU Case C-473/16 / Opinion

F v Bevándorlási és Állampolgársági Hivatal

Policy area:
Asylum and migration
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Decision date:

Key facts of the case

Request for a preliminary ruling from the Szegedi Közigazgatási és Munkaügyi Bíróság.

Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Article 7 — Respect for private and family life — Directive 2011/95/EU — Standards for granting refugee status or subsidiary protection status — Fear of persecution on grounds of sexual orientation — Article 4 — Assessment of facts and circumstances — Recourse to an expert’s report — Psychological tests.

Outcome of the case

In the light of the foregoing, I propose that the Court answer the questions referred by the Szegedi Közigazgatási és Munkaügyi Bíróság (Administrative and Labour Court, Szeged, Hungary) as follows:

Article 4 of Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted, read in the light of Article 1 of the Charter of Fundamental Rights of the European Union, does not preclude the use by the authorities of a psychologist’s expert opinion, especially to evaluate the general credibility of an applicant for international protection, provided that: (i) the examination of the applicant takes place with the consent of the applicant and is carried out in a manner that respects the applicant’s dignity and private and family life; (ii) the opinion is based on methods, principles and notions that are sufficiently reliable and relevant in the circumstances of the case, and may produce sufficiently reliable results; and (iii) the expert’s findings are not binding for the national courts reviewing the decision on the application.