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29/10/2021
IT: The Tribunal of Perugia held that the lack of collaboration of the applicant in the personal interview can be an indicator of trafficking in human beings.

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, Civil Court [Tribunali], Applicant v Territorial Commission for the Recognition of International Protection (Perugia), R.G. 3721/2019, 29 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=2134
Case history
Other information
Abstract

The applicant is a Nigerian national, who stated that she was adopted and always experienced violence at the hands of her adoptive mother and sexual violence at the hands of her mother’s husband, as well as discrimination from her classmates. She escaped to Warri when her mother tried to sell her to an older man, where she met a woman who offered her a job in Italy. She was kidnapped in Libya during her trip to Italy, and she was a victim of repeated sexual violence and was forced into prostitution. She arrived in Italy in June 2017 and requested international protection.


During the interview, the Commission held that some statements were contradictory and arranged a further hearing, in which the applicant stated she was a victim of trafficking in human beings. This fact had not emerged during the discussions with the anti-trafficking agency following the referral procedure. The Tribunal re-assessed the facts and held that the statements made with regards to the facts in Warri that brought the applicant to Italy are consistent with trafficking in human beings. Additionally, the Tribunal noted that the lack of collaboration of the applicant during the interviews is particularly significant, as well as the lack of family networks and the condition of women and victims of trafficking in Nigeria. Reference was made to the EASO COI Report “Nigeria: Trafficking in Human Beings” published in April 2021. The Tribunal ruled to grant refugee status to the applicant.


Country of Decision
Italy
Court Name
IT: Civil Court [Tribunali]
Case Number
R.G. 3721/2019
Date of Decision
29/10/2021
Country of Origin
Nigeria
Keywords
Country of Origin Information
Credibility
EUAA COI Reports
Trafficking
Vulnerable Group
Source
Melting Pot