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13/01/2021
IT: The Supreme Court held that the assessment of the level of integration reached by the applicant in Italy cannot be omitted from the assessment.

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
Italy, Supreme Court of Cassation - Civil section [Corte Supreme di Cassazione], Applicant (Nigeria) v Ministry of the Interior (Ministero dell'interno), No 15019, 13 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=1885
Case history
Other information
Abstract

The applicant is a national of Nigeria who requested international protection in Italy due to the fear of persecution from his uncle. The applicant claimed that after te death of his father, his uncle tried to obtain the land left by his father and to do so he sent his bodyguards to detain and kill the applicant. He managed to escape and arrived in Italy via Niger and Lybia.


The applicant's request for international protection or humanitarian protection was rejected. His appeal was also rejected by the court and he further appealed before the Supreme Court.


The Court of Cassation noted the complete absence of the assessment regarding the integration of the applicant in Italy. It held that such a comparative assessment between the applicant's current situation in Italy, of his level of integration, and the living conditions in the country of origin is necessary. In this specific case, the Supreme Court  valued ​​the high level of integration achieved by the applicant, which the lower court erroneously did not take into consideration.


Country of Decision
Italy
Court Name
IT: Supreme Court of Cassation - Civil section [Corte Supreme di Cassazione]
Case Number
No 15019
Date of Decision
13/01/2021
Country of Origin
Nigeria
Keywords
Content of Protection/Integration
Humanitarian Protection/ Temporary Residence
Source
Melting Pot