Italy: Vulnerability must be assessed before withdrawal of reception conditions

Date: 
Monday, December 31, 2018

On 31 December 2018, the Regional Administrative Court of Piedmont published a decisionregarding the withdrawal of reception conditions. The appellant, a Nigerian asylum applicant, was resident in a reception facility in Novara when the Prefecture of Novara ordered the withdrawal of his reception conditions. This decision was made following his unauthorized absence from the facility for two nights, in violation of the regulation in force for the residents of the facility.

In examining the case, the Court recognised the medical documents submitted by the applicant, which stated the applicant had pulmonary tuberculosis and diagnosed him as being in a psychologically anxious, depressive state. The Court stated that under Article 23 of the Reception Decree (Legislative Decree no. 142 of 2015), Prefectures have the power to revoke reception conditions if there has been a serious or repeated violation of the rules of the centre, or as a consequence for seriously violent behaviour. The Court also recognised that Article 17 of the same decree requires that the relevant authority must make specific considerations for vulnerable applicants, including individuals with serious illnesses or mental health disorders.

The Court found that the Prefecture failed to evaluate the health condition of the applicant prior to the revocation of reception conditions, as required by the Decree. The Court ruled that the vulnerability of the applicant should have been assessed prior to the withdrawal of reception conditions.

Based on an unofficial translation by the ELENA Weekly Legal Update. Many thanks to Sofia Bonatti, Senior Legal Officer at ECRE, for helping us with the translation.


This item was reproduced with the permission of ECRE from the ELENA Weekly Legal Update. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE.

 

 

Keywords: 
Individual assessment
Material reception conditions
Medical Reports/Medico-legal Reports
Vulnerable person