An EU flag flies on the frontage of the National Bank of Hungary building in Budapest
EU states will not be allowed to test asylum seekers on their sexuality.Reuters

The European Court of Justice has banned any kind of tests or evidence to be submitted by people claiming refugee status in EU countries on ground of homosexuality, which would breach their fundamental human rights.

The decision means that EU states will not be allowed to test asylum seekers on their sexuality if they claim they are leaving their home nation because they fear they will be persecuted for being gay.

The ruling from Luxembourg comes after a man from a Muslim country and three men from Uganda were refused asylum in the Netherlands after authorities concluded they had not sufficiently proved their homosexuality.

The Justice Court ruled that authorities must refrain from "carrying out detailed questioning as to the sexual practices of an applicant for asylum".

It added that authorities were not allowed to accept evidence in the form of video material or claim that an asylum seeker is lying because their sexuality was not disclosed initially.

Authorities are allowed to interview an asylum seeker regarding their sexual orientation but will not be expected to answer questions about their sexual practices, the court has ruled.

If an asylum seeker fails to answer the questions, it is not evidence enough on the part of the national authorities to refuse the refugee entry.

There has been a surge in sub-Saharan Africans looking for a new home in EU states in recent years because homosexuality is considered a crime across most of the African continent.

Several EU states, including the UK, have been criticised for the way they have handled such requests.

In 2011, Czech authorities used "phallometric" tests – a measurement of blood flow to the penis – to make gay men prove their sexuality.