Decision of the Court of Cassation, VI Civil Section, No. 11586 of 18 April 2012

An homosexual foreigner shall not be expelled if he would be in danger of being subjected to persecution in his country of origin because of his homosexuality. Consequently, he has the right to be granted with the residence permit for humanitarian reasons, as foreseen by Article 28.d of the decree of the President of the Republic No. 394/1999 containing the regulations for the implementation of the legislative decree No. 286/1998.