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22/04/2022
IT: The Genova Tribunal provided subsidiary protection to an applicant from Ukraine.

ECLI
Input Provided By
EUAA Information and Analysis Sector (IAS)
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 Ministry of the Interior (Ministero dell'Interno), 22 April 2022. 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=2540
Case history
Other information
Abstract

The applicant, a national of Ukraine, requested international protection in Italy, where she arrived in 2016 from Odessa as an economic migrant to work in Italy due to insufficient income in Ukraine. Her request was rejected on 26 September 2019 by the Territorial Commission of Turin.


On appeal, the Genova Tribunal recognized subsidiary protection focusing on recent events, from the day Russian troops invaded Ukraine. The court noted that while at the time of the request for international protection the reasons invoked by the applicant were  exclusively economic, given the armed conflict in Ukraine, subsidiary protection must be granted as the applicant, in the event of return, would suffer a serious and individual threat to life due to indiscriminate violence in a situation of armed conflict.


Country of Decision
Italy
Court Name
IT: Civil Court [Tribunali]
Case Number
Date of Decision
22/04/2022
Country of Origin
Ukraine
Keywords
Indiscriminate violence
Subsidiary Protection