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30/09/2019
IT: The Supreme Court upheld an appeal due to the lack of ex-officio verification of the situation in the country of origin by the Court of Appeal

ECLI
Input Provided By
EUAA IDS
Source
Meltingpot
Other Source/Information:
Referral to the CJEU
No
Original Documents
Type
Order
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR);
Reference
Italy, Supreme Court of Cassation - Civil section [Corte Supreme di Cassazione], Applicant (Gambia) v Ministry of Interior, 24388.19, 30 September 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=833
Case history
Related cases:
Abstract

During the second appeal instance, the Court refused to grant subsidiary protection to a Gambian applicant due to the lack of credibility and the lack of detailed information about the possibility of serious harm in the event of his return to his country of origin.

The applicant appealed the decision of the Court of Appeal.

In the legality assesment of the previous proceeding, the Court of Cassation recognized that the Court of Appeal did not verify ex officio the situation in the country of origin in light of accurate and up to date information available as well as not included in the decision any source to support the findings as required by art.8 co.3 of Legislative Decree n. 25/08.

For this reason the appeal is upheld and the Court of Appeal is ordered to re-examinate the case.

Country of Decision
Italy
Court Name
IT: Supreme Court of Cassation - Civil section [Corte Supreme di Cassazione]
Case Number
24388.19
Date of Decision
30/09/2019
Country of Origin
Gambia
Keywords
Effective remedy
Return/Removal/Deportation
Second Instance determination