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Italy
Country of Decision : Italy
Court Name : IT: Supreme Court of Cassation - Civil section [Corte Supreme di Cassazione]
Date of decision : 12/01/2021
Type : Judgment
ECLI :
Case Number/Citation/ Document Symbol : No 2072/2020

Applicant (Mali) v Ministry of the Interior (Ministero dell'interno)

Mali

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

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.

Assessment of Application; Credibility; Sexual Orientation;

Revised Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) and/or APD 2005/85/CE;

EASO IDS

Italy, Supreme Court of Cassation - Civil section [Corte Supreme di Cassazione], Applicant (Mali) v Ministry of the Interior (Ministero dell'interno), No 2072/2020, 12 January 2021. Link redirects to the English summary in the EASO Case Law Database.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1886

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