Italy - Trieste Court of First Instance, 8 September 2009, RG 1012/2009

Country of Decision:
Country of Applicant:
Date of Decision:
08-09-2009
Citation:
Trieste Court of First Instance, Decision of 8.09.2009, case No RG 1012/2009
Court Name:
Trieste Court of First Instance, Civil Division
Relevant Legislative Provisions:
National / Other Legislative Provisions:
Italy - Legislative Decree No. 251/2007 - Art 7(a)
Italy - Legislative Decree No. 251/2007 - Art 7(b)
Italy - Legislative Decree No. 251/2007 - Art 7(f)
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Headnote: 

Intimidation, loss of employment, humiliation, personal injury inflicted for reasons of sexual orientation and national legislation penalising homosexuals qualify as acts of persecution.

Facts: 

The applicant, a citizen of Benin, submitted an asylum application to the Gorizia Territorial Commission for the awarding of international protection and was granted subsidiary protection.

The applicant then appealed this decision arguing that he had to leave his own country because of a homosexual relationship that had resulted in discrimination of every kind. The applicant added that, with regard to the same issue, his partner had been granted refugee status by the Milan Territorial Commission for the awarding of international protection.

Decision & Reasoning: 

The Court ruled that the different decisions by the Commissions in Milan and Gorizia were inconsistent.

In addition, the Court considered the acts to which the appellant had been subjected because of his sexual orientation (intimidation, loss of employment, humiliation and personal injury) to be ‘acts of persecution’ as defined in Article 7 a), b) and f) of the Legislative Decree of 19 November 2007, No 251.

The acts to which the appellant had been subjected were classified as serious violations of the individual’s right to choose their own sexual orientation, a fundamental human right.

In the present case, the Court also considered it to be pertinent that under Benin’s legislation ‘practising’ homosexuals were liable to imprisonment.

Outcome: 

Appeal upheld – Granting of refugee status