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23/08/2019
IT: The Civil Court uphold the appeal of a Gambian applicant due degrading condition to which persons who suffer of mental illness are subjected in the country

ECLI
Input Provided By
EUAA IDS
Other Source/Information:
Melting Pot Europa
Referral to the CJEU
No
Original Documents
Type
Decision
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR);
Reference
Italy, Civil Court [Tribunali], Applicant (Gambia) v Ministry of Interior (Prefettura di Milano), RYG n. 50610/2017, 23 August 2019. 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=828
Case history
Related cases:
Abstract

An applicat of international protection appealed against the decision of the Territorial Commission of Milan to reject his application. The applicant is a Gambian national that suffers from mental illness, which was hospitalized several times due to his disease and whose reception rights was withrawn after the attempt to burn some object of the reception centre where he was accomodated. In the appeal, after having received all the medical document that states applicant medical conditions, the Court identified that people with mental illness are subject to degrading and inhuman treatment, due inter-alia to the "suspect Lunatic Act", a law from 1917 that discriminate persons with mental disorders. The court recognized also the lack of specific medical structures and that the common perception of people suffering of mental illness are of "less human" and often associated with witchcraft. Due to this, people who suffer from mental disorder are considered part of a specific social group both from society and the govern. The Court, in light of the aforementioned statement decided to grant the applicant the refugee status.

Country of Decision
Italy
Court Name
IT: Civil Court [Tribunali]
Case Number
RYG n. 50610/2017
Date of Decision
23/08/2019
Country of Origin
Gambia
Keywords
EUAA Country Guidance Materials
Medical condition
Refugee Protection
Vulnerable Group