Italy - Appeal Court of Naples, 20 March 2013, No. RG 1441/2012

Country of Decision:
Country of Applicant:
Date of Decision:
20-03-2013
Citation:
No. RG 1441/2012
Court Name:
Appeal Court of Naples, Individual and Family Division
National / Other Legislative Provisions:
Italy - Legislative Decree No. 25 of 28 January 2008
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Headnote: 

The legal proceedings relating to an appeal regarding the granting of international protection are a summary process that give the judge certain official powers. As a consequence, the judge should decide on the merits of an appeal even if the Applicant fails to attend the hearing.

Facts: 

The Applicant, a Nigerian citizen, appealed against a rejection of a request for international protection handed down by the Territorial Commission in Caserta. The Applicant did not attend the first hearing before the Naples Court and for this reason the case was struck off the roll and was declared null and void.

Decision & Reasoning: 

The Appeal Court in Naples held that the decision to strike the case from the roll was unlawful for the following reason: an appeal proceeding against a decision to refuse international protection is characterised by a high level of official responsibility and imposes an obligation on the judge to decide on the merits of the case even if the Applicant fails to appear before the Court.

Outcome: 

The decision to strike the case from the roll was declared unlawful and the case was sent for reconsideration on the merits.

Case Law Cited: 

Italy - Court of Cassation, No. 93915/2011