The case concerns a citizen of Pakistan, whose application for international protection was rejected. The applicant appealed the decision and claimed to suffer from serious psychiatric problems and would therefore be subject to discrimination in order to obtain access to the necessary treatment in his country of origin. The applicant submitted a number of medical certificates to attest his medical condition. He additionally claimed that the Pakistani health care system, especially in terms of treatments for mental illnesses, is severely lacking.

The Tribunal of Bari noted that, according to the Law n. 132 from the 1st of December 2018, it is not permitted to return foreign citizens with several mental or physical disorders, if they would not be able to access necessary treatment in their country of origin. In case of return, this would be a violation of the right to health as recognised in the Italian Constitution (Art. 32) and in the EU Charter of Fundamental Rights (Art. 35). Therefore, the applicant is granted humanitarian protection for medical reasons, according to art.19 of the Legislative Decree 286/1998.

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