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Italy
Country of Decision : Italy
Court Name : IT: Civil Court [Tribunali]
Date of decision : 29/04/2020
Type : Decision
ECLI :
Case Number/Citation/ Document Symbol : 49727/2018

Applicant (Nigeria) v Territorial Commission for the Recognition of International Protection (Rome)

Nigeria

IT: The Court reverted a negative decision after identifying trafficking indicators based on new details gathered at the oral hearing

The applicant appealed the decision of the territorial commission of Rome, which rejected the application due to the subjective nature of the fear to return in Nigeria with regard to the impossibility to report the father of her daughters, who claimed back the money spent to pay her journey to Italy, to the authorities.

After gathering new material from the hearing, the court decided to grant her the refugee status recognising the traffiking purpose of the applicant's journey. The decision, supported also by other criteria, evidence, COI reports  (including EASO - European Asylum Support Office: Nigeria; Sex trafficking of women, October 2015, ecoi.net; http://www.ecoi.net/file_upload/90_1445949766_2015-10-easo-nigeria-sex-trafficking.pdf) and other documentation was based on Article 7 of the Legislative decree 251/2007, which states the need of protection for those in fear of persecution for belonging to a social group (in this case the female gender).

EASO COI Reports; Nigeria; Trafficking ; Vulnerable Group;

EU Charter of Fundamental Rights ; Revised Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection- recast)/or QD 2004/83/EC;

EASO IDS

Italy, Civil Court [Tribunali], Applicant (Nigeria) v Territorial Commission for the Recognition of International Protection (Rome), 49727/2018, 29 April 2020. Link redirects to the English summary in the EASO Case Law Database.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1185