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Italy
Country of Decision : Italy
Court Name : IT: Supreme Court of Cassation - Civil section [Corte Supreme di Cassazione]
Date of decision : 14/10/2020
Type : Decision
ECLI :
Case Number/Citation/ Document Symbol : no. 25311/2020

Applicant (Ghana) v Ministry of the Interior (Ministero dell'Interno)

Ghana

IT: The Court of Cassation ruled on the retroactivity of the decree establishing a safe country of origin list in the appeal procedures.

The Court of Cassation held that the effects on the procedure envisaged by the entrance of a country in the safe country of origin list, following the Ministerial Decree of 4 October 2019, are applicable only after the entry into force of such legislative provision.

The concept of fair trial (Article 111 of the Constitution) prevent the changes on asylum applicant's obligation to provide evidence for the danger of his/her country of origin during an appeal procedure. Particulary in this case, where the entrance into force of the list makes it considerably more difficult, for an applicant coming from a country considered safe, to provide well-founded evidence.

 

Safe Country concept/Safe Country of Origin/ Safe third country;

Revised Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) and/or APD 2005/85/CE;

EASO IDS

Italy, Supreme Court of Cassation - Civil section [Corte Supreme di Cassazione], Applicant (Ghana) v Ministry of the Interior (Ministero dell'Interno), no. 25311/2020, 14 October 2020. Link redirects to the English summary in the EASO Case Law Database.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1525