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04/05/2023
IT: The Tribunal of Catania suspended the enforcement of a negative decision because it considered that the situation in Tunisia raises concerns which could potentially rebut the presumption that Tunisia is a safe country of origin.

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Order
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, N. R.G. 4689/2023, 04 May 2023. 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=3574
Case history
Other information
Abstract

A Tunisian national appealed before the Tribunal of Catania against the negative decision of the Territorial Commission of Siracusa on his application for international protection. The Territorial Commission rejected the application as manifestly unfounded as Tunisia is considered a safe country of origin.

Article 2 of Legislative Decree 25/2008 established that a safe country is assessed according to the updated sources of country of origin information. In the present case, the Tribunal raised the concerns of UN and UNHCR about the fair, impartial and independent administration of justice and  repression of human rights in Tunisia.

The Tribunal of Catania suspended the contested decision and set a new hearing, holding that there are serious grounds to consider that the situation in Tunisia is such as to rebut the presumption in Article 2 bis of legislative decree 25/2008 on the safe country concept.


Note: to access the original judgment users must 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
N. R.G. 4689/2023
Date of Decision
04/05/2023
Country of Origin
Tunisia
Keywords
Assessment of Application
Country of Origin Information
Safe Country concept/Safe Country of Origin/ Safe third country
Source
Melting Pot