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19/01/2021
IT: The Court of Campobasso grants special protection due to the COVID-19 situation in Nigeria and potential risks due to a high cost to access medical service in the country of origin

ECLI
Input Provided By
Individual Expert
Other Source/Information
Type
Judgment
Relevant Legislative Provisions
EU Charter of Fundamental Rights ; European Convention on Human Rights
Reference
Italy, Civil Court [Tribunali], Applicant (Nigeria) v Territorial Commission for the Recognition of International Protection (Salerno), no. 443/2020, 19 January 2021. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1720
Case history
Other information
Abstract

The applicant is a national of Nigeria whose international protection application in Italy was dismissed by the Territorial Commission of Salerno. The applicant submitted a subsequent application that was considered inadmissible for absence of new elements by the same Territorial commission  - Section of Campobasso, by decision of 9 October 2019. The applicant appealed the decision and the Court of Campobasso partly allowed it and granted a special protection to the applicant (national protection). The Court of Campobasso held that in assessing the possibility of the applicant's repatriation, the danger posed by COVID-19 in Nigeria has to be duly considered in light of the increase in infections and deaths, jointly with the inability of the health system to deal with the emergency, along with a high cost of accessing the health service, as the only way to access healthcare in Nigeria. In the event of repatriation, the applicant would be exposed to further and serious harm as a result of the high risk of the pandemic in the context of a precarious environment which is in any event inferior to Italian health standards. The analysis of the court was based on a thorough examination of recent and updated country of origin reports on the situation in Nigeria.  


The court granted special protection based on the recent amendment introduced by Legislative Decree no. 13/2020.


Country of Decision
Italy
Court Name
IT: Civil Court [Tribunali]
Case Number
no. 443/2020
Date of Decision
19/01/2021
Country of Origin
Nigeria
Keywords
Country of Origin Information
COVID-19/Emergency measures
Medical condition
Nigeria
Return/Removal/Deportation
Subsequent Application
Source
Melting Pot
Original Documents