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Appeal on the decision of The Territorial Commission in Verona to reject the recognition of the international protection status

Pubblicato il 16 dicembre 2016 alle 09.05

Humanitarian protection in Act

In the case of the appeal on the decision of The Territorial Commission in Verona to reject the recognition of the international protection status to Mr. SS, represented by the Abogado Kaoutar Badrane, the Trial Court in Venice had decided to acknowledge the right to the humanitarian protection status (ex. Art. 5 comma 6 d.lgs. 286/1998 ). Thus, Mr. SS after this decision had all rights to obtain the residence/stay permit on humanitarian grounds. As expert in immigration law, Abogado Badrane, said that this unique decision of the Trial Court in Venice is the milestone in the Italian Immigration Law system. Thus,

Abogado Badrane Kaoutar wrote:

“today we are witnessing not only the trial where only legal issues and facts matter but process where the Court showed its “human side””.

Due to the information taken from this Court ( 8 .d.lgs. n. 2572008 ) it was ascertain the Agreement on Peace and Reconciliation in Mali, signed on 20th June 2015., between the Government of Mali and armed movements in the North of the country. It is in this vain that the Court had excluded the possibility of the general violence in Mali. The South Mali (Sikasso region) was defined as the area free of any risk of general and indiscriminate violence. However, what is acknowledged is the difficult overall social situation in Mali as the consequence of the corruption and inefficiency of the political and judicial system and extreme poverty of the whole population. Thus, these facts are the base for the decision of the Court not to acknowledge the international protection status to Mr. SS and to reject the appeal only in part regarding the mentioned status.

[justify][size=13]However, it was the overall social situation in Mali to lead the Trial Court in Venice to bring the final conclusion and decision that the applicant had rights to the humanitarian protection status. Nevertheless, what had been acknowledged during this trial is the humanitarian crisis in Mali, in particular the area of origin of Mr. SS, Sikasso. After careful analysis, the conclusion is that exist violation of the human rights: the rights to life (art.2), the right not to be subjected to torture and inhuman and degrading treatment (art.3), the right to personal freedom and liberty (art. 5), the right to a private and family life (art.8. ) Moreover, the decision was influenced by diverse facts such as the successful integration process of the applicant in Italy due to the language courses organized by the Cooperative which is hosting him, the voluntary activities and inclusion in the work environment.


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