Case summaries
Italy - Court of Cassation, No. 7333, 2 December 2014
Country of applicant:
Nigeria
Keywords:
Armed conflict, Burden of proof, Country of origin information, Credibility assessment, Duty of applicant, Indiscriminate violence, Obligation/Duty to cooperate, Persecution (acts of), Personal circumstances of applicant, Access to the labour market
The applicant’ s description of a situation which gives rise to a risk to his life or physical integrity, deriving from gender-based violence, social or religious group violence, family/domestic violence, which is accepted, tolerated or not tackled by the State, imposes an ex proprio motu further investigation upon the Judiciary. The latter entails an investigation into the control of violence described by the applicant in terms of whether it is widespread, whether there is impunity for the acts as well as the State’s response
Date of decision:
02-12-2014
Relevant International and European Legislation:
EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 4.1,Art 8,Art 4.2,Art 4.3,Art 4,Art 8.2,Art 8.1,Art 8.2,Art 8,Art 30,Art 38,Art 29,Art 29.3,Art 30.4,Art 30.5,Art 38.1,Art 38.1 (c),EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 2,Article 3,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,Article 4,Article 8