Order of the Court of Perugia No. 6277 of 16 August 2016

The Court of Perugia examined the recourse from a Nigerian citizen against the decision of the Territorial Commission on the recognition of international protection, according to which he was not entitled to any kind of international protection in Italy. For the Court, it was true that the requirements for recognizing the refugee status or so-called subsidiary protection were not met; however, the claimant was entitled to humanitarian protection under Article 5.6 of legislative decree No. 286 of 1998 (Consolidated Text on Immigration and the Status of Aliens). The Court took into consideration the poor economic and social life conditions existing in Nigeria as well as the claimant’s integration process into the Italian community. The Court further specified that these contentious issues fall within the competence of the regular courts and not the administrative ones, because they involve aliens’ fundamental human rights, protected under Article 2 of the Constitution.