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14/10/2021
IT: The Court of Cassation held that arrival in Italy as a minor should be considered as a condition of vulnerability in decisions to grant humanitarian protection

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Decision
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 v Territorial Commission for the Recognition of International Protection (Crotone), N. 28170, 14 October 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=2133
Case history
Other information
Abstract

The case concerns a national of Senegal who arrived in Italy in May 2017, when he was still a minor, after spending four months in a camp in Libya. The Tribunal rejected his application for refugee status on the basis that his story was not credible and considered that the requirements for subsidiary protection were not present. Additionally, the Tribunal considered that the integration of the applicant was not sufficient to grant humanitarian protection.


The Supreme Court held that the Tribunal did not consider the violence the applicant was subject to in the detention camp in Libya and that it excluded the presence of vulnerability despite the applicant being a minor when he arrived in Italy. The Tribunal therefore did not take into account all relevant facts for humanitarian protection. The Court therefore referred the case back to the Tribunal of Catanzaro for further assessment.


Country of Decision
Italy
Court Name
IT: Supreme Court of Cassation - Civil section [Corte Supreme di Cassazione]
Case Number
N. 28170
Date of Decision
14/10/2021
Country of Origin
Senegal
Keywords
Credibility
Humanitarian Protection/ Temporary Residence
Minor / Best interests of the child
Vulnerable Group
Source
Italgiure