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Italy
Country of Decision : Italy
Court Name : IT: Civil Court [Tribunali]
Date of decision : 23/08/2019
Type : Decision
ECLI :
Case Number/Citation/ Document Symbol : RYG n. 50610/2017

Applicant (Gambia) vs Ministry of Interior (Prefettura di Milano)

An applicat of international protection appealed against the decision of the Territorial Commission of Milan to reject his application. The applicant is a Gambian national that suffers from mental illness, which was hospitalized several times due to his disease and whose reception rights was withrawn after the attempt to burn some object of the reception centre where he was accomodated. In the appeal, after having received all the medical document that states applicant medical conditions, the Court identified that people with mental illness are subject to degrading and inhuman treatment, due inter-alia to the "suspect Lunatic Act", a law from 1917 that discriminate persons with mental disorders. The court recognized also the lack of specific medical structures and that the common perception of people suffering of mental illness are of "less human" and often associated with witchcraft. Due to this, people who suffer from mental disorder are considered part of a specific social group both from society and the govern. The Court, in light of the aforementioned statement decided to grant the applicant the refugee status.

EASO Country Guidance Materials; Medical condition; Refugee Protection; Vulnerable Group;

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

EASO IDS

Italy,IT: Civil Court [Tribunali], Applicant (Gambia) vs Ministry of Interior (Prefettura di Milano), 23/08/2019
IT: The Civil Court uphold the appeal of a Gambian applicant due degrading condition to which persons who suffer of mental illness are subjected in the country

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=828