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12/01/2021
IT: The Supreme Court held that credibility assessment cannot be based on the failure to answer stereotypical questions about homosexuality

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
Revised Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) and/or APD 2005/85/CE
Reference
Italy, Supreme Court of Cassation - Civil section [Corte Supreme di Cassazione], Applicant (Mali) v Ministry of the Interior (Ministero dell'interno), No 13905/2021, 12 January 2021. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1886
Case history
Other information
Abstract

The applicant is a national of Mali, from Kayes region, who requested international protection due to the fear of persecution and violence to which he was subjected in his village due to his sexual orientation. His request was rejected as he was not deemed credible. The Venice Tribunal rejected his appeal and he further appealed before the Supreme Court.


The Supreme Court allowed the appeal and sent the case back to the Venice Tribunal. The court confirmed the jurisprudential orientation regarding the correct assessment of the credibility of asylum applicants, especially in cases of sexual orientation. The court reiterated that the assessment of credibility cannot be based on stereotypical notions associated with homosexuality and, in particular, on the failure to answer stereotypical questions on homosexuality. In addition, the court also noted that the lower court did not verify the applicant’s statements in the light of specific country of origin information intended to clarify the condition of homosexuals in the country of origin and the level of acceptance or non-acceptance in the country.


Country of Decision
Italy
Court Name
IT: Supreme Court of Cassation - Civil section [Corte Supreme di Cassazione]
Case Number
No 13905/2021
Date of Decision
12/01/2021
Country of Origin
Mali
Keywords
Assessment of Application
Credibility
Gender identity / Gender expression / Sexual Orientation / SOGIESC
Source
Melting Pot