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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 : 30/09/2019
Type : Order
ECLI :
Case Number/Citation/ Document Symbol : 24388.19

Applicant (Gambia) vs Ministry of Interior

During the second appeal instance, the Court refused to grant subsidiary protection to a Gambian applicant due to the lack of credibility and the lack of detailed information about the possibility of serious harm in the event of his return to his country of origin.

The applicant appealed the decision of the Court of Appeal.

In the legality assesment of the previous proceeding, the Court of Cassation recognized that the Court of Appeal did not verify ex officio the situation in the country of origin in light of accurate and up to date information available as well as not included in the decision any source to support the findings as required by art.8 co.3 of Legislative Decree n. 25/08.

For this reason the appeal is upheld and the Court of Appeal is ordered to re-examinate the case.

Effective remedy; Return/Removal/Deportation; Second Instance determination;

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 (Gambia) vs Ministry of Interior, 30/09/2019
IT: The Supreme Court upheld an appeal due to the lack of ex-officio verification of the situation in the country of origin by the Court of Appeal

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=833