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Country of Decision : Estonia
Court Name : EE: Circuit Courts [Ringkonnakohtud]
Date of decision : 14/11/2019
Type : Judgment
Case Number/Citation/ Document Symbol : 3-19-850

XX (Namibia) vs Politsei- ja Piirivalveametiigi (Police and Border Guard Board)

The judgment involves a citizen of Namibia who claims to be gay. The Tallinn Court of Appeals noted that considering that a sexual intercourse between two men is criminalized in Namibia and same-sex relations are thus not tolerated in the society, it can be understood why the applicant’s statements are not very detailed. It is possible that the applicant feels shame when talking about his sexual orientation. Ignorance of LGBT groups does not necessarily indicate the applicant’s lack of credibility. Not everyone wants to have his or her sexual orientation to be publicly known. Since there was a statement made to the police about the applicant’s sexual activities, the applicant had reason to fear his arrest in Namibia.

Credibility; Sexual Orientation; Vulnerable Group;

Revised Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection- recast)/or QD 2004/83/EC;

EASO Courts and Tribunals Network

Estonia,EE: Circuit Courts [Ringkonnakohtud], XX (Namibia) vs Politsei- ja Piirivalveametiigi (Police and Border Guard Board), 14/11/2019
EE: Tallinn Court of Appeal rules on credibility of Namibian applicant who claims to be gay