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06/04/2021
IT: Court of Lecce grants refugee status for Nigerian victim of human trafficking and who fears persecution upon return

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Decision
Original Documents
Relevant Legislative Provisions
Revised Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection- recast)/or QD 2004/83/EC
Reference
Italy, Civil Court [Tribunali], Applicant (Nigeria) v Ministry of the Interior (Ministero dell'Interno), Territorial Commission, 4906/2020, 06 April 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=1791
Case history
Other information
Abstract

The Court of Lecce granted refugee status to a Nigerian woman whose application for international protection was rejected by the Territorial Commission of Caserta, after three hearings in which the applicant detailed her reasons to leave Nigeria due to the economic difficultie. She left with the help of a woman she paid and she was subjected to a voodoo oath. She travelled through Agadez and Libya, suffering violence during the journey. The court noted that the applicant presented her "story in great detail, with particular reference to the fact that she was forced into prostitution and, therefore, being the victim of acts of torture by the subjects who forced her into prostitution."


The Court of Lecce considered that the applicant’s statements are corroborated with country of origin information and various sources that investigate human trafficking in Nigeria. The Court stressed that “in order to find a well-founded fear of persecution, both the subjective (fear) and the objective (validity) components must be present. A person may actually have suffered persecution in the past and yet have no fear of being persecuted in the future. This happens, for example, when the persecutions suffered are remote in time and there is no longer any relationship with current events since, in the meantime, the situation in the country of origin has changed radically. In any case, having suffered persecutions in the past makes the fear of being able to suffer them again in the future well founded. These interpretative criteria find today a recognition expressed in art. 3, co. 4 of Legislative Decree 251/2007. The fact that the applicant has already suffered persecution [...] or direct threats of persecution [...] constitutes a serious indication of the validity of the applicant's fear of persecution or of the actual risk of suffering serious harm, unless elements or reasons are identified to believe that persecution or serious harm will not be repeated. In cases where the persecutions suffered in the past are of exceptional gravity, even where a future repetition of the same appears objectively unrealistic or unlikely, the person who has been affected can be recognized as a refugee (see in art.1-C, no. 5 and 6, par. 2 of the Geneva Convention the reference to "imperative reasons deriving from previous persecutions"). According to the UNHCR Handbook, par. 136, it is not possible to repatriate an individual who has been affected, personally or indirectly through his family, by atrocious forms of persecution from which s/he is still suffering trauma".


The Court cites EASO COI Report on Nigeria, 2018.


Country of Decision
Italy
Court Name
IT: Civil Court [Tribunali]
Case Number
4906/2020
Date of Decision
06/04/2021
Country of Origin
Nigeria
Keywords
Assessment of Application
Asylum Procedures/Special Procedures
Country of Origin Information
EUAA COI Reports
Nigeria
Trafficking
Source
Melting Pot