The applicant, a national of Senegal, applied for international protection on grounds that he feared he would be at risk of persecution by his family if he returned to his country of origin. He stated that his family struggled financially as he was growing up and, once his father died, he started working as a prostitute, mainly for foreign male tourists. His family found out about his activities and demanded him to stop them, threatening him in case he wouldn’t. The applicant escaped after he was violently attacked by his brothers during an argument, and left Senegal to avoid the risk of being killed and persecuted by them because of his homosexuality. His request for international protection was rejected by the Territorial Commission of Bologna and the applicant appealed the decision.

The Tribunal of Bologna considered that, according to COI information, homosexuality is considered a crime according to the Senegalese penal code, and it is also socially criminalised. Therefore, the applicant’s claim that he would be at risk of being persecuted by his family is credible, and he would not benefit from the protection of the authorities. The Tribunal ruled to overturn the decision of the Territorial Commission and to grant refugee status to the applicant.