A Senegalese applicant applied for a second time for international protection to the Territorial Commission of Salerno and the request was rejected as manifestly unfounded. During the first hearing, the applicant stated that he left Senegal to escape his uncle, who was forcing him to continue the Koranic school.

The applicant reiterated his application to the Commission, claiming to have discovered his homosexuality following his arrival in Italy and to fear for his safety in case of return in his region of origin (Casamance). Additionally, the applicant stated that he feared the undermining of his right to health due to health conditions in Senegal during the COVID-19 pandemic. The Territorial Commission rejected the application as manifestly unfounded, arguing that the new statements of the applicant lacked credibility.

The applicant appealed before the Tribunal of Salerno against the negative decision of the Territorial Commission. The Tribunal referenced several judgments of the ECtHR to state that the notion of “private life” must be considered extensively and according to the legislative decree 286/1998 the non-refoulement principle must be applied in the present case.

The Tribunal highlighted that according to legislative decree 25/2008, the admissibility of the reiterated application for international protection is subordinated to new elements and facts that the applicant produced before the Territorial Commission as he was previously prevented from doing so for reasons not of his own dependence.

The Tribunal noted that the applicant, in the subsequent application, made an effort to substantiate his statements and considered the application coherent and plausible. The Tribunal also considered plausible that the applicant was reticent to report his sexual orientation during the first hearing as he had become aware of his sexual orientation only once arrived in Italy.

Referring to updated country of origin information and to Article 319 of the Senegalese Criminal Code, that punishes with imprisonment “acts against nature” committed with a person of the same sex, the Tribunal of Salerno granted refugee status to the applicant.

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