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Key facts of the case:

The plaintiff is a Cameroonian citizen who entered Germany in November 2011. He initiated legal proceedings in April 2012 to gain recognition of his right of asylum. After partially withdrawing the action, he was successful with his application to be recognized as a refugee in June 2012. The Sigmaringen Administrative Court obligated the defendant to recognize the plaintiff as a refugee by applying section 60 (1) of the German Residence Act (Aufenthaltsgesetz). The Court stated that the plaintiff had argued convincingly that he is homosexual and will face imprisonment or other punishment in Cameroon because of his homosexuality. The defendant appealed in July 2012 because the plaintiff had not convinced them of the fact that he will be punished for his homosexuality in Cameroon. The Higher Administrative Court of Baden-Württemberg dismissed the appeal. The Court was convinced that the plaintiff is homosexual and therefore belongs to a “social group” in terms of section 60 (1) of the German Residence Act (Aufenthaltsgesetz) that has the right to be recognized as a refugee.