A Nigerian national applied for international protection to the Territorial Commission of Bologna in Italy. The applicant claimed to have fled his country of origin because of his uncle’s threats, murders and violence committed, reporting the police corruption. He feared a return to Nigeria because of his uncle’s involvement in a cult and his influence, and also feared that he would be killed by him. The applicant declared also that he escaped to Libya, he was imprisoned there and he reached Italy following his escape with the aid of a person involved in human trafficking and voodoo rituals. This person obliged the applicant to repay the price of the trip through drugs dealing and sexual slavery. The applicant stated that his trafficker was exerting influence over him.

The Territorial Commission of Bologna rejected the application due to the lack of credibility and coherence in the applicant’s statements and the non-subsistence of conditions to grant refugee status.

The applicant appealed to the Tribunal of Bologna, adding details to his statements to substantiate his application for international protection.

The Tribunal of Bologna excluded the applicant from refugee protection, arguing there were no elements to believe that there was a well-founded fear of being persecuted for any of the reasons indicated in legislative decree 251/2007. However, the Tribunal of Bologna concluded that the applicant was eligible for subsidiary protection because in case of return to Nigeria he could experience inhuman and degrading treatment by his uncle, according to his background as victim of human trafficking. The Tribunal found credibility elements in the applicant’s statements based on the updated country of origin information regarding human trafficking and slavery of male Nigerian and concluded that the trafficker represented a danger for the applicant that could face a risk of retaliation if he did not receive international protection.