The applicant, a Guinean national, applied for international protection in Italy based on allegations that a return to the country of origin would expose him to persecution and violence as a result of Malinkis ethnicity, and due to a generalised violence in Guinea. He also based his statements on a vulnerability situation, being orphan of both parents and having suffered physical trauma in transit to Italy. The application for international protection was rejected and he appealed the decision. The tribunal in Turin (Il Tribunale di Turin) assessed that the application for international protection is unfounded since there is no evidence of the applicant being subject to criminal proceedings and exposed to that risk. Moreover, the Regional administrative Court concluded that the applicant did not demonstrate the requirements to be granted subsidiary protection due to an alleged serious and individual threat to a civilian's life as a result of indiscriminate violence in situations of internal or international armed conflict. The tribunal analysed an objective criterion related to the area the applicant belongs to or the whole country, and a subjective one, related to the personal situation of the applicant. Based on recent country of origin information, the tribunal rejected the appeal and stated that most recent reports show there is no indiscriminate violence in Guinea and that there are positive results for overcoming the ethnic confrontations in the country.

The tribunal further analysed if the applicant could be granted humanitarian protection based on Legislative Decree No 286/98 and took into considerations the revised Law 132/2018 on special permits on humanitarian protection as of 2020. Article 19 par. 1 refers to the application of the non-refoulement principle and the interdiction to return a person who is at risk of being subject to inhuman or degrading treatment in his country of origin. The tribunal stated that the vulnerability requirements are met in the applicant's case: he is an orphan of both parents, has suffered physical trauma in transit to Italy (due to many migrations, changes and violent situations) and he started an integration path in Italy (successful language learning, employment insertion, professional qualification certificates). The tribunal concluded that a return to his country of origin would worsen his situation by regression, uprooting and exposure to extreme vulnerability. Country of origin reports suggest Guinea is still characterised by poverty, marginalisation, instability and human rights issues. The applicant was granted humanitarian protection and his documents were sent to the Questore for the issuance of a residence permit.