Italy: Recognition of humanitarian protection due to the deterioration of the quality of life in Ukraine

Tuesday, January 14, 2020

The Court of Appeal of Bologna (Italy) recently granted humanitarian protection to a Ukrainian citizen from the Ternopil region, in the light of the deterioration of the quality of life in the country due to the ongoing conflict in the Donbas region.

The Ministry of Interior had contested the Tribunal’s decision recognising humanitarian protection, arguing, inter alia, the inconsistency of the ruling due to the fact that the conflict was not present in the applicant’s region.

However, the Court of Appeal confirmed the first instance decision, considering that, despite its geographical limitation, the conflict is having a high impact on the economy and public services of the whole county, as that the majority of the public resources are now allocated to the war effort. The Court concluded that in case of return to Ukraine, the applicant would not be able to fulfil her primary needs due to the lack of family tie and the current economic depression caused by the war. For these reasons, the appeal of the Italian Ministry of Interior was rejected.

Based on an unofficial translation by the EWLU team.

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.

Armed conflict
Humanitarian considerations
Internal armed conflict