Italy - Turin Appeals Court, 30 May 2011, No. RG 717/2011
Keywords:
| Keywords |
|
Assessment of facts and circumstances
Description
The duty of the state to carry out an individual assessment of all relevant elements of the asylum application according to the provisions of Article 4 of the Qualification Directive, including considering past persecution and credibility; and the duty of the applicant to submit as soon as possible all statements and documentation necessary to substantiate the application. |
|
Credibility assessment
Description
Assessment made in adjudicating an application for a visa, or other immigration status, in order to determine whether the information presented by the applicant is consistent and credible. |
|
Individual assessment
Description
The carrying out of an assessment on an individual and personal basis. In relation to applications for international protection, per Article 4(3) of the Qualification Directive, this includes taking into account: (a) all relevant facts as they relate to the country of origin at the time of taking a decision; (b) the relevant statements and documentation presented by the applicant; “(c) the individual position and personal circumstances of the applicant, including factors such as background, gender and age, so as to assess whether, on the basis of the applicant's personal circumstances, the acts to which the applicant has been or could be exposed would amount to persecution or serious harm; (d) whether the applicant's activities since leaving the country of origin were engaged in for the sole or main purpose of creating the necessary conditions for applying for international protection, so as to assess whether these activities will expose the applicant to persecution or serious harm if returned to that country; (e) whether the applicant could reasonably be expected to avail himself of the protection of another country where he could assert citizenship.” |
Headnote:
When presented with a detailed story that is logical, free from internal contradictions and accords with the social and political situation in the country of origin as described in international reports, the statements of the Applicant have to be deemed to be credible and therefore international protection has to be granted.
Facts:
The Applicant, a citizen of Gabon, who had fled his country of origin, came to Italy and submitted an application for international protection, alleging that he had suffered persecution because of his Fang ethnicity. Both the Commission and the court of first instance rejected the application as unfounded, stating that it was scarcely credible and that there was insufficient objective evidence. The judgment of first instance was contested.
Decision & reasoning:
The Appeals Court granted refugee status and said that it did not agree with the conclusions of the court of first instance. It held that, where an applicant’s statements are detailed and are not contradictory and when they agree with information contained in international reports on the situation in the country of origin, they should be considered to be credible without a requirement for objective evidence.
Outcome:
Refugee status granted.
Cited National Legislation:
| Cited National Legislation |
| Italy - Legislative Decree No. 251/2007 - Art 3 |