A Nigerian national appealed before the Administrative Regional Court of Campania against the Ministry of Interior decision on the withdrawal of material reception conditions provided in cash.

In 2020, the applicant for international protection was hosted in a reception centre and the Prefect, following a notification of the manager of the centre, revoked the reception measures received by the applicant as he did not comply with the rules of the facility.  After four months, the Administrative Court of Campania suspended the decree of withdrawal of the material reception conditions, but the staff of the reception centre did not execute it.

 The applicant claimed that the withdrawal of reception conditions was unlawful and claimed compensation for the damage of non-execution of the decree, which led to exposure of the applicant to degrading living conditions during the COVID-19 pandemic. The applicant requested the re-establishment of the provision of the reception conditions in cash.

The Administrative Regional Court of Campania found that the revocation of reception conditions was unlawful, and considered that the behavior of the applicant was not of violent nature against persons or property, thus  the public administration took a disproportionate measure to withdraw reception measures. Additionally, the court noted that the reception centre did not execute the order regarding the  suspension of withdrawal of reception conditions.

For the reasons above, the administrative regional court condemned the public administration to pay to the applicant the pecuniary compensation for revocation of reception measures.

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