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THE top EU court has ruled that refugees who claim asylum on the grounds of homosexuality should not have to undergo tests to prove it.
Three men failed in their bids for asylum recently when a Dutch court said they had not proved their sexuality.
EU states have been criticised for their handling of gay asylum requests and the European Court of Justice (ECJ) warned them that they must respect human dignity.
The case is significant because of a surge in sub-Saharan Africans seeking asylum. Many African countries treat homosexuality as a crime.
The court said determining a refugee's sexuality must be consistent with EU law and respect their private life.
While authorities could interview an asylum-seeker to determine their sexual orientation, questions could not be asked about sexual practices.
The ECJ ruled last year that gay asylum-seekers fearing imprisonment in African countries could claim refugee status.
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