In an overall assessment of the exceptional circumstances in A's case and with special regard to her very strong connection to Sweden, the Court considers that her best interests outweigh the opposing interests of the State. An expulsion of A to Lebanon can therefore not be consid-ered proportionate and would thus be in violation of the CRC. A is therefore granted a residence permit in Sweden. B and C are granted residence permits as it would be in violation of Article 8 of the ECHR to separate the family.
The Court considered that criminalisation of homosexual acts was not sufficient to render return
contrary to the Convention. The Court found, however, that the Swiss authorities had failed to
adequately assess the risk of ill-treatment for the first applicant as a homosexual person in the
Gambia and the availability of State protection against ill-treatment from non-State actors. Several
independent authorities noted that the Gambian authorities were unwilling to provide protection
for LGBTI people.