Order of the Court of Naples, I bis Section, June 2016

The Court of Naples confirmed the decision of the relevant Territorial Commission concerning non-recognition of the refugee status to a Ukrainian national who escaped from his country for not being enlisted in the lever, for the lack of ‘persecution’ in the meaning of the UN Convention on the refugee status and Protocol and the implementing Italian legislation. Erroneously, however, the Territorial Commission on the recognition of international protection excluded the applicant’s right to subsidiary protection (Article 14 of legislative decree No. 251 of 2007 complemented by Article 2.f of legislative decree No. 25 of 2008); a protection to which he was entitled due to the conflict situation in Ukraine and the risk of being subjected, in case of repatriation, to inhuman or degrading punishment.