Corte di Appello di Trieste, 25 July 2019, judgment no. 541 (Italy)
- Category: Case Law
- Source: National Authorities
- Subject: Sexual Orientation/Sexuality, Refugee/Asylum, Human Rights, LGBT+
- Place: Italy
- Year: 2019
- File: sentenza-corte_appello_trieste-541_2019_dati_oscurati
Corte di Appello di Trieste, 25 July 2019, judgment no. 541 (Italy)
In July 2019, the Court of Appeal of Trieste examined the asylum claim of a man fleeing from Gambia, whose application was rejected by the Territorial Commission and by the first-instance judge for credibility reasons. According to the Court of Appeal of Trieste, there is no need to investigate an applicant’s sexual orientation when he/she self-identifies as a LGBT person and is perceived as such in the country of origin. In this case, if the country of origin criminalises homosexuality and/or same-sex activities and the applicant’s account is internally coherent and in line with the information available on his/her country, the fear of persecution is well-founded and refugee status shall be granted.