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29/06/2022
IT: The Tribunal of Campobasso granted subsidiary protection to an applicant from Nigeria due to the high risk of re-trafficking in case of return to her country of origin.

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, Civil Court [Tribunali], Applicant v Territorial Commission for the Recognition of International Protection (Salerno), 29 June 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=2698
Case history
Other information
Abstract

The case concerns a woman of Nigerian origin who applied for international protection in Italy. She claimed that she lived with her aunt in Nigeria, who was violent towards her, and when she was 21 years old she left Nigeria, being promised a job opportunity in Europe with the agreement that she would repay the sum of EUR 30.000,00. She arrived in Tripoli after a long trip in which she experienced sexual violence and ill-treatment and found out that her aunt had sold her into a prostitution network. She was later sold again, and trafficked to Austria through Italy, where she was going to work in another prostitution network. However, she was caught by the Austrian authorities and sent back to Italy as her first country of arrival. In Italy, she cut contacts with the woman she worked for in Austria, and started a family with a man from Nigeria. She claimed to fear persecution from the traffickers as she never paid back the sum she owed them.


The Territorial Commission noted that they did not deem she would be at risks of persecution if returned to Nigeria, and ruled to grant only special protection on grounds of her integration in Italy. The applicant appealed the decision, highlighting the risk of “re-trafficking”. The Tribunal of Campobasso quashed the decision of the Commission and ruled to grant the applicant subsidiary protection, on grounds that her story reflected the common elements of human trafficking, and therefore it is considered that she might be at danger of inhumane and degrading treatment again in the future. In particular, it was recognised the risk of re-trafficking in case of return to her country of origin and community.


Note: to access the original judgment you will need to create an account on Meltingpot.org, the source indicated under 'Show more info'


 


 


Country of Decision
Italy
Court Name
IT: Civil Court [Tribunali]
Case Number
Date of Decision
29/06/2022
Country of Origin
Nigeria
Keywords
Subsidiary Protection
Trafficking
Source
Melting Pot