The case concerned an applicant from Ghana whose request for international protection was rejected by the Territorial Commission of Turin. The applicant stated that he was from Accra, of Mamprusi ethnicity, and of Muslim religion, and that he has a partner and a son living in Accra. He added that, for financial reasons, he accepted the requests of a homosexual man living in the same area, and that they were discovered by the man’s wife, who made the even public to the community and reported it to the police. After this, the applicant decided to escape the country as he fears the persecution from his community or to be arrested by the police upon his return. The Territorial Commission considered not credible the statement as it related to the episode of the man that he entertained a sexual relationship with.

On appeal, the Tribunal considered that the applicant’s statement seemed linear, coherent and credible, without any contradictions. It considered that the applicant was able to explain the lack of further evidence with regards to the report to the police and the discrimination that his wife was still experiencing. Additionally, the Tribunal considered that according to the CJEU, in cases concerning sexual orientation, the personal and general context, including the culture, vulnerability, gender, etc. of the applicant has to be take into account, and the credibility decision cannot be based solely on the fact that the applicant did not share his sexual orientation immediately. It added that applicants can be considered at risk because of their real sexual orientation and gender identity, or of the one perceived by the community, as they might still be subject to persecution on this basis. According to COI, LGBTI+ individuals are subject to discrimination and persecution in Ghana, including from the police and state authorities. Therefore, the Tribunal of Genova ruled to grant refugee status to the applicant.