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22/02/2024
IT: The Tribunal of Ancona suspended the enforceability of a negative decision for an applicant coming from a safe country on grounds of integration path based on employment

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 Ministry of the Interior (Ministero dell'Interno), 22 February 2024. 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=4223
Case history
Other information
Abstract

A Ghanaian national applied for international protection before the Territorial Commission of Ancona. The application was examined under accelerated procedure as his country of origin was included in the national list of safe countries according to article 28-bis of Legislative Decree 25/2008 and was rejected by the Territorial Commission.


The applicant appealed before the Tribunal of Ancona which suspended the enforceability of the contested decision. The tribunal considered that in the event of return, the applicant would face a serious damage resulting from the return, given the start of an integration path through regular employment. 


The Tribunal also noted that the meaning of article 2a of Legislative Decree 25/2008 did not preclude the possibility that the applicant’s account may present elements to be examined also in relation to the situation of the country of origin.



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Country of Decision
Italy
Court Name
IT: Civil Court [Tribunali]
Case Number
Date of Decision
22/02/2024
Country of Origin
Ghana
Keywords
Content of Protection/Integration
Safe Country concept/Safe Country of Origin/ Safe third country
RETURN