Italy - Rome Court, 20 December 2013, No. RG 4627/2010

Country of Decision:
Country of Applicant:
Date of Decision:
20-12-2013
Citation:
No. RG 4627/2010
Court Name:
Rome Court
Relevant Legislative Provisions:
International Law > 1951 Refugee Convention > Art 1
International Law
International Law > 1951 Refugee Convention
Printer-friendly versionPrinter-friendly version
Headnote: 

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.

Facts: 

In 2009, a Ghanaian citizen submitted an application for international protection to the Territorial Commission in Rome on the grounds of acts of persecution by his community and his family following his conversion to Christianity and his refusal to carry out the role that his father, an animist priest who had died in 2004, had carried out in traditional rites practised in his village of origin. The application was rejected by the Territorial Commission which held that the conditions for granting recognition had not been met. An appeal was lodged against this decision.

Decision & Reasoning: 

The Court granted refugee status to the Applicant arguing that the statement that the Applicant had converted to the Christian religion had been proved (he demonstrated that he knew the basics) and that for this reason he had been persecuted by his relatives and by his community of origin. The Court held that the requirements for granting protection had been met because, in addition to there being a ground for persecution, in a case of this kind it is also believable that there had been a breakdown in the social bond between the country of Origin and the Applicant who had, without success, asked for help from the police but had not received any effective protection.

Outcome: 

Recognition of refugee status.