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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 : 13/01/2021
Type : Judgment
ECLI :
Case Number/Citation/ Document Symbol : No 15019

Applicant (Nigeria) vs Ministry of the Interior (Ministero dell'interno)

The applicant is a national of Nigeria who requested international protection in Italy due to the fear of persecution from his uncle. The applicant claimed that after te death of his father, his uncle tried to obtain the land left by his father and to do so he sent his bodyguards to detain and kill the applicant. He managed to escape and arrived in Italy via Niger and Lybia.

The applicant's request for international protection or humanitarian protection was rejected. His appeal was also rejected by the court and he further appealed before the Supreme Court.

The Court of Cassation noted the complete absence of the assessment regarding the integration of the applicant in Italy. It held that such a comparative assessment between the applicant's current situation in Italy, of his level of integration, and the living conditions in the country of origin is necessary. In this specific case, the Supreme Court  valued ​​the high level of integration achieved by the applicant, which the lower court erroneously did not take into consideration.

Content of Protection/Integration; Humanitarian Protection/ Temporary Residence;

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

EASO IDS

Italy,IT: Supreme Court of Cassation - Civil section [Corte Supreme di Cassazione], Applicant (Nigeria) vs Ministry of the Interior (Ministero dell'interno), 13/01/2021
IT: The Supreme Court held that the assessment of the level of integration reached by the applicant in Italy cannot be omitted from the assessment.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1885

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