Luxembourg

Read about LGBTI asylum in Luxembourg here...

Luxembourg’s law includes the standard particular social group language, which in principle means that Luxembourg will provide asylum to LGBT applicants. The Country Report author in 2008 was “aware of only one case” in which an application for asylum was made by an LGBT individual. A Nigerian man fled Nigeria rather than accept a marriage to a woman arranged by his family. Luxembourg asylum agents determined that the persecution he was fleeing was private, and he could escape it merely by moving to a different part of Nigeria, away from his family.

Luxembourg law recognizes the same-sex partner of the asylum applicant as a family member, but only when the country of origin recognizes the relationship. This has the de facto effect of excluding nearly all same-sex partners, because most countries of origin do not provide such recognition.

Find more LGBTI country information on Luxembourg in our Country-by-Country section

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General on asylum in an EU member state

Under Council Directive 2004/83/EC, Apr. 29, 2004 (the “Qualification Directive” or “Directive”) sexual orientation may, depending on the circumstances of the country of origin, provide the basis for a claim for asylum based on persecution based on membership of a particular social group. As of 2008, no Member “ha[d] explicitly refused to consider sexual orientation as a source of persecution for the purposes of granting refugee status.” As of 2009, there was data available to confirm (page 84) that “asylum ha[d] been granted to LGBT persons in Austria, Belgium, Denmark, France, Germany, Greece, Hungary, Italy, Luxembourg, the Netherlands, Poland, Portugal, Spain, Sweden, Czech Republic and the United Kingdom. The asylum policies of the countries discussed here (page 96) must also all conform to the 1951 Convention on the Status of Refugees and its 1967 Optional Protocol, as well as the European Charter of Human Rights. The United Nations High Commissioner for Refugees (UNHCR) has made it clear that LGBT individuals are members of a particular social group. The Council of Europe concurs in this interpretation. According to the Treaty on the functioning of the European Union’s Protocol on asylum for nationals of Member States of the European Union, Member States of the EU shall be regarded as constituting safe countries of origin in respect of each other for all legal and practical purposes in relation to asylum matters . Accordingly, any application for asylum made by a national of a Member State are normally not taken into consideration.

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