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Italy
Country of Decision : Italy
Court Name : IT: Civil Court [Tribunali]
Date of decision : 14/10/2020
Type : Decision
ECLI :
Case Number/Citation/ Document Symbol : 00651/2019

Applicant (Mali) v Ministry of Interior (Ministero dell'interno)

Mali

IT: Regional Administrative Court orders the issuance of travel document by national authorities to a beneficiary of subsidiary protection

The applicant, a national of Mali, was granted subsidiary protection in Italy based on article 14 letter c of Legislative Decree 251/2007, due to internal armed conflict in the country of origin. Under the Italian law, the applicant already holds a "peculiar " residence permit (issued on 8 April 2018 by the Police Headquarters), with the attribution of an identity card, health card and tax code. The applicant fled his country of origin when he was still a minor and without family members (his parents and sister had been killed) and without identity documents and arrived in Italy by sea.

The applicant appealed against the Police decision not to issue him a travel document due to differences in the information provided by him on the model application - information on language - at the moment of arrival in Italy, in the presence of an interpreter, as he was illiterate and did not know Italian, and at a later stage during the interview for the asylum procedure.

According to Article 24 of Legislative Decree 251/2007, a person granted subsidiary protection may be entitled to be issued with a travel document by Italian authorities when there are serious reasons that do not allow the person to apply and obtain a passport from the diplomatic mission of his country of citizenship.

The Regional Administrative Court of Sardinia assessed that the applicant presented a document issued by the respective embassy in Rome, Malian nationality being ascertained during the asylum interview, and by which it was stated that no passport can be issued due to a lack of essential documents. The Regional Administrative Court concluded that the applicant was unable to obtain the required travel document and the errors in the forms filled in by the applicant are justifiable, thus the Police Headquarters must issue the required travel document. 

Content of Protection/Integration; Subsidiary Protection;

National law only (in case there is no reference to EU law/ECHR);

https://e-justice.europa.eu/ecli/ECHR1/it/ECLI:IT:TARSAR:2020:587SENT.html?index=0&text=asylum&sort=DATE&ascending=false&lang=en

EASO IDS

Italy, Civil Court [Tribunali], Applicant (Mali) v Ministry of Interior (Ministero dell'interno), 00651/2019 , 14 October 2020. Link redirects to the English summary in the EASO Case Law Database.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1286