Tribunal of Rome, 27 February 2024 (Italy)

Italy: Court of Rome rule LGBT applicant would face persecution on the grounds of his sexual orientation if returned to Tanzania
On the 27th February 2024, the Court of Rome delivered its decision in a case concerning a Tanzanian national who argued against his return to Tanzania due to his sexual orientation. The Court firstly considered the credibility of the applicant and noted that the assessment of credibility cannot be carried out on the basis of the manner in which the applicant has reported that he has become aware of his sexual orientation, or that he has decided to act on it or not. The Court found that the applicant’s explanations of meeting his partner in secret in an area where social control was scarce were reported with great precision and his statements were deemed credible.

The Court subsequently considered the situation for LGBT people in Tanzania and noted evidence of widespread homophobic sentiment and a severe policy of persecution against the LGBT population. It noted the situation of hostility towards the LGBT community and the government’s formal cancellation of the registration of an organisation promoting the protection of the health and rights of LGBT people in 2019.

The Court therefore concluded that if returned to Tanzania, the applicant would run the real risk of being persecuted on account of his sexual orientation and would not be able to live his sexual identity freely, and therefore met the conditions for refugee status under the Refugee Convention.

Based on an unofficial translation from within the EWLU team.

[Source: LENA Weekly Legal Update – 19 July 2024]