The case was brought on behalf of three men whose asylum claims in the Netherlands were rejected on the basis that their assertions that they were gay, and would therefore face persecution if returned to their home countries, could not be proved. The case follows controversy in recent years in the European Union over instances where asylum seekers were subjected to arousal tests or faced detailed questioning about their sexual behaviour.
The European Court of Justice (ECJ) has ruled refugees claiming asylum on the basis of their homosexuality should no longer be subjected to tests to prove it.