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;
Italy,IT: Supreme Court of Cassation - Civil section [Corte Supreme di Cassazione], Applicant (Gambia) vs Ministry of Interior, 30/09/2019IT: 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