EDAL case summaries
Country of Decision: Italy
Country of Applicant: Gambia
Keywords: Assessment of facts and circumstances, Individual assessment, Persecution Grounds/Reasons, Personal circumstances of applicant, Political Opinion, Real risk, Refugee Status, Subsidiary Protection
The Italian consolidated Law on Migration (Art. 5(6) n. 286/1998) requires humanitarian protection to be given where a person is in a situation of vulnerability. Such a situation occurs when the applicant’s constitutional and international fundamental rights, such as health and nutrition, are compromised.
Date: 31-03-2016
Country of Decision: Italy
Country of Applicant: Liberia
Keywords: Final decision, Persecution (acts of), Refugee Status, Sexual orientation
When assessing an asylum application, a judge shall consider as relevant both the applicant’s homosexuality as well as the fact that homosexuality is considered a crime in the country of origin of the applicant. Moreover, the judge shall base its reasoning not only on the assessment of credibility of the applicant, but also on the actual situation in the country of origin, which has to be verified through its own power of investigation.
Date: 05-03-2015
Country of Decision: Italy
Country of Applicant: Ghana
Keywords: Actors of protection, Persecution (acts of), Refugee Status
Two things are required for recognition of refugee status: the existence of a ground for persecution (whether actual or threatened) and the breakdown of the social bonds between the country of origin and its citizen to the extent that the State is no longer able to guarantee protection.
Date: 20-12-2013
Country of Decision: Italy
Country of Applicant: Nigeria
Keywords: Actor of persecution or serious harm, Actors of protection, Female genital mutilation, Gender Based Persecution, Membership of a particular social group, Refugee Status
Female genital mutilation constitutes an act of persecution relating to membership of a particular social group and, if it is established that such mutilation could specifically affect the Applicant, constitutes a reason for granting refugee status under Article 2 and subsequent articles of Legislative Decree No 251 of 19.11.2007, implementing Directive 2004/83/EC.
Date: 03-04-2013
Country of Decision: Italy
Country of Applicant: Senegal
Keywords: Country of origin information, Discrimination, Persecution (acts of), Refugee Status, Sexual orientation
Criminal sanctions against homosexual acts under Article 319 of the Criminal Code of Senegal constitute a deprivation of the fundamental right to live one’s own sexual and emotional life in freedom and are sufficient in themselves to justify granting refugee status.
Date: 20-09-2012
Country of Decision: Italy
Country of Applicant: Rwanda
Keywords: Country of origin information, Personal circumstances of applicant, Refugee Status
A risk of persecution of a refugee can extend in time beyond the period during which the actual events took place that resulted in a flight in search of protection. The risk should be assessed taking into account all the evidence and documentation at the Applicant’s disposal.
Date: 14-01-2012
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- Persecution (acts of) 3
- Actors of protection 2
- Country of origin information 2
- Personal circumstances of applicant 2
- Sexual orientation 2
- Actor of persecution or serious harm 1
- Assessment of facts and circumstances 1
- Discrimination 1
- Female genital mutilation 1
- Final decision 1
- Gender Based Persecution 1
- Individual assessment 1
- Membership of a particular social group 1
- Persecution Grounds/Reasons 1
- Political Opinion 1
- Real risk 1
- Subsidiary Protection 1
