Italy - Court of Bologna, 19 March 2013, No. RG 17735/2012

Country of Decision:
Country of Applicant:
Date of Decision:
19-03-2013
Citation:
No. R.G. 17735/2012
Court Name:
Court of Bologna, Civil Division I
Relevant Legislative Provisions:
National / Other Legislative Provisions:
Italy - Legislative Decree No. 251/2007
Italy - Legislative Decree No. 25 of 28 January 2008
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Headnote: 

Granting subsidiary protection is not dependent on the personal situation of the Applicant and relates to a generalised situation of serious risk in the country of origin, a situation that could commence even after the Applicant has left his country of origin. In the case in point, the indiscriminate violence throughout Nigeria fulfils the conditions required for granting subsidiary protection.

Facts: 

The Applicant, a Nigerian citizen, had submitted a request for international protection stating that his life was in danger following the murder of his father and two brothers in Nigeria by members of a military group, the Movement for the Emancipation of the Niger Delta (MEND).

The request was rejected.

This decision was appealed.

Decision & Reasoning: 

Citing the decision of 17.02.2009 of the Court of Justice (case C. 465/07) concerning subsidiary protection and acting on the basis of information about the conflict in Nigeria, the Court ruled that the situation in Nigeria was one of ‘indiscriminate violence’, which fulfilled the criteria for granting subsidiary protection and supported the Applicant’s case that he would be in danger if he returned to his country.

In the Court’s view, contrary to the recent ruling by the Appeal Court in Bologna (judgment No 56 V.G. of 9.07.2012), the granting of subsidiary protection is independent of the personal circumstances of the Applicant and relates to the generalised situation of serious risk in the country of origin, a situation that could commence even after an Applicant leaves their country of origin.

Outcome: 

Appeal upheld – granting of subsidiary protection.

Case Law Cited: 

Italy - Rome Court, 30 January 2012, No. RG 12878/2011

Italy - Palermo Court, 22 September 2010, No. RG 2835/2011

Italy - Appeal Court of Bologna, 9 July 2012, No. 56 V.G.