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Italy
Country of Decision : Italy
Court Name : IT: Court of Appeal [Corte di Appello]
Date of decision : 29/10/2020
Type : Judgment
ECLI :
Case Number/Citation/ Document Symbol :

Ministry of the Interior v Applicant

IT: The Court of Appeal of Rome held that obstructions by administrative authorities and police preventing an applicant from lodging subsequent asylum applications and to access reception, constitute violations of fundamental rights and dignity

The applicant received a negative decision on his first application for international protection and all his attempts to renew his application at a later stage, in order to add medical reasons and other new elements, were unsuccessful due to obstructions from the Questura in Roma, refusing the applicant's requests to lodge subsequent applications before the Territorial Commission in Rome.

In 2018, a deportation order was issued against him and his new application for international protection was rejected as inadmissible, being considered as submitted solely to prevent or delay the removal.  By an interim order of 2019, the court of first instance ordered the Ministry of the Interior - the Questura in Rome to receive the application, to allow the applicant’s presence on the territory, including access to reception until the territorial commission will examine the application and issue a decision. The applicant’s claims for damages for lack of access to reception and to the asylum procedure were rejected by the first instance. Both the Ministry of the Interior and the applicant appealed the above-mentioned decision.

The Court of Appeal of Rome rejected the Ministry of the Interior's appeal as unfounded and issued a judgement on the issue of access to asylum procedure and to reception. The Court of Appeal found that the Prefecture of Rome and the Police headquarters violated the applicant’s rights and dignity by preventing him to access the asylum procedure and the reception system, the applicant being forced to live in tents. The Court also held that the law does not provide for an automatic rejection of a subsequent application as inadmissible and the police and the administrative authorities do not have a discretionary power but an obligation to receive asylum applications. It was confirmed that the interim order of the first instance court was intended not only to give the applicant access to lodge the application, but also to allow the competent body to examine the application, which constitutes a constitutional right that all applicants for international protection are entitled to. Moreover, the Court of Appeals stated that all applicants have the right to reception, including those with repeated applications and who lack financial resources for an adequate quality of life.  After 2 years of judicial proceedings, the applicant was granted 3 000 euro damages for having been prevented to access the asylum procedure and for being deprived of reception conditions.

 

Access to procedures; Asylum Procedures/Special Procedures; First Instance determination; Reception/Accommodation; Subsequent Application;

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

EASO IDS

Italy, Court of Appeal [Corte di Appello], Ministry of the Interior v Applicant, 29 October 2020. Link redirects to the English summary in the EASO Case Law Database.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1348