Supreme Court, ordinanza no. 26969/2018 (Italy)
- Category: Case Law
- Source: National Authorities
- Subject: Sexual Orientation/Sexuality, Refugee/Asylum, LGBT+
- Place: Italy
- Year: 2018
- File: Corte di cassazione, 24 October 2018, no. 26969
According to the Italian Supreme Court, the assessment of credibility in a judgement on international protection based on sexual orientation grounds cannot depend on the first instance judge’ opinion. It is the result of a complex process where the judge is called to play an active role and needs to avoid giving unnecessary weight to minor contradictions on the event leading the homosexual asylum claimant to flee his country.