Consiglio di Stato, judgement 31 Ocotber 2017, no. 5040 (Italy)
- Category: Case Law
- Source: National Authorities
- Subject: Sexual Orientation/Sexuality, Refugee/Asylum, Migration, Human Rights, LGBT+
- Place: Italy
- Year: 2017
- File: Consiglio di Stato, judgement 31 October 2017, no. 50402017
In a judgement issued on 31 October 2017, no. 5040, the highest Italian administrative Court found that also a de facto cohabitation may be relevant for the purpose of granting a permit to stay to a third country national living with an Italian citizen. Important implications may be derived for third-countries’ LGBTI couples who cannot enjoy the right to marry in their countries of origin, with the consequence of being unable to demonstrate their relationship to Italian authorities for the purpose of family reunification.