Can I be recognised as refugee being homosexual from India?

Question

Hi
I'm from India and came to Germany as a student. But now I've applied for asylum based on my sexuality. Before coming to Germany I've been to Canada too but that time I was 18 and my parents were controlling me and they were successful to call me back to India for therapy to change my sexuality. But this time somehow I've successfully arrived in Germany but the situation is same as they want me to marry with a girl since then. I've some proofs related to my sexuality and in my statement I'm also going to mention that I belong to a minority in India that's why I can't move to another city. I just want to know what is the approval rate for Indian asylum serkers. As almost everyone is saying u'll get a rejection but they don't care about the story. I mean I'm taking this risk I've problem otherwise why would I put myself in danger. Also if I had no issues I would be in Canada not Germany. Please someone respond and clarify my doubts.

Answer 1

Germany recognizes persecution based on sexual orientation as a legitimate reason for asylum. If you can demonstrate that you face persecution in India due to your sexuality and have evidence to support your claims such as testimony, documentation, or threats, this strengthens your case.

Buckshot Roulette

Answer 2

Dear @Gill123, 

Welcome to the platform from my side as well. I only agree with whyorwhy in parts. 

For certain countries of origin it is right that Germany recognizes the risk of persecution related to the sexual orientation. I personally am not aware of any comparable cases or relevant case law and tried to make some research. The LSVD (association of queer people in Germany) is collecting jurisdiction on a variety of countries of origin. In regard to India they just provide one sentence from 2014. Here, the court rejected the appeal stating that the recognition as a person persecuted for homosexuality in India is ruled out due to existing domestic flight alternatives. 

I have to highlight though that every case is different and that we can not provide individual legal advice here. However, I will also link my colleague @mbeon-fardeen and mbeon@Éanna - maybe they can correct me or add some information. 

All the best, 

Meike