Order of the Court of Firenze, I Civil Section, 23 November 2015

Based on the fact that a situation of generalized violence exists in Mali, where the State authorities are unable to ensure civilians’ protection,  the Court in Florence granted the status of international protection (Articles 2.g and 14 of legislative decree No. 251/2007) to a Malian national; and this despite he had not exhibited any documentation to prove that repatriation would have put him at risk of violations of his fundamental rights. The Court remembered that if the competent Territorial Commission, or the Court has ascertained that the requirements for the refugee status are not met, they have a duty to consider whether the applicant is entitled to international subsidiary protection, or to a residence permit for humanitarian purposes under Article 5.6 of legislative decree No. 286/1998. It is true that the applicant has the burden of providing evidence; however, the Territorial Commission, or the Court must actively collaborate through collecting any useful information.