The European Court of Justice said people seeking asylum on the basis of homosexuality cannot be subjected to tests, ruling them unconstitutional.
In a decision announced Tuesday, the Luxembourg-based court said in assessing an asylum-seekers sexuality, European nations must respect their right to a private and family life.
It said an applicant's submission to possible tests or submitting evidence would infringe on their human dignity and could lead to de facto requirements for other applicants to provide such evidence.
It added national authorities are entitled to carry out interviews to determine the facts on an applicants declared sexuality, but those questions cannot probe into their sexual practices.
The ruling is the result of an appeals case lodged by three individuals who were denied asylum in the Netherlands on the grounds their sexual orientation had not been proven.
The Netherlands is one of several EU nations criticized for their handling of gay asylum requests.
