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Italy’s Supreme Court rules in favour of gay man seeking asylum

Patrick Kelleher April 25, 2019
Italy’s Supreme Court rules in favour of gay man seeking asylum

FILIPPO MONTEFORTE/AFP/Getty

The Italian Supreme Court of Cassation has ruled in favour of a gay refugee who was denied asylum in Italy.

His case will now be referred to another appeals court for a final decision. If they decide that he has a legitimate claim for asylum, he will be allowed to stay in Italy, according to Info Migrants.

He told the Supreme Court that he faced ‘disrespect and accusations’ when his wife and father found out that he is gay

The man, who is called Bakayoko Aboubakar S, is a Muslim and is from the Ivory Coast. He was married and had two children in his home country.

However, he said he faced “disrespect and accusations” from his wife and his father when they found out that he was having a sexual relationship with another man.

“To this end, it does not appear sufficient that in his country of origin, the Ivory Coast, homosexuality is not considered a crime, given that verification is needed to ascertain adequate protection by the state in the face of the very serious threats by private individuals.”

– Supreme Court judges

Aboubakar S said he was forced to flee the country when his male partner died “in unknown circumstances.” He told the court that he believes his father was responsible for his partner’s death.

He was initially denied asylum in Italy despite his precarious situation in the Ivory Coast

Despite this, Aboubakar S was initially denied asylum in Italy with the territorial commission stating: “In the Ivory Coast, in contrast to other African countries, homosexuality is not considered a crime, and the state doesn’t have a condition of armed conflict or widespread violence.”

The court said that authorities must determine that there are no discriminatory laws in place in the person’s home country before making their decision.

Italy’s Supreme Court rules in favour of gay man seeking asylum
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However, they must also ensure that there is “adequate protection” for gay people in their home countries before sending them back.

Supreme Court Judges ruled in his favour and said gay people in the Ivory Coast can face ‘very serious threats by private individuals’

Judges ruled in his favour and said that the reasons for denying his application for refuge were inadequate.

“To this end, it does not appear sufficient that in his country of origin, the Ivory Coast, homosexuality is not considered a crime, given that verification is needed to ascertain adequate protection by the state in the face of the very serious threats by private individuals,” the judges said.

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