CCPR/C/123/D/2575/2015
health. Accordingly, the State party submits that the Committee’s decision in Jasin v.
Denmark cannot serve as a precedent for it to determine whether the present
communication discloses any violation by the State party.
5.12 The State party also submits that the author has failed to establish that there are
substantial grounds for believing that she and her child would face a real, personal and
foreseeable risk of being subjected to inhuman or degrading treatment or punishment if
deported to Italy.
5.13 Accordingly, the State party concludes that the author is trying to use the Committee
as an appellate body to have the factual circumstances of her asylum application reassessed.
Indeed, the author merely disagrees with the domestic decisions and fails to identify any
irregularity in the decision-making process or any risk factors that the Refugee Appeals
Board has failed to take properly into account. It argues that the Committee should instead
give considerable weight to the facts established by the Board, which is better placed to
assess the factual circumstances of the author’s case.
Author’s comments on the State party’s observations on the merits
6.1
On 20 November 2017, the author submitted additional comments on the State
party’s observations. The author recalls that her Italian residence permit has expired and
that she previously had great difficulty renewing it. In addition, she is concerned about the
fact that she might not be able to register her son, who was born in Denmark, and has no
registration record or residence permit in Italy.
6.2
The author recalls that she previously lived in Italy in extremely precarious
conditions. Despite seeking assistance from the local Italian authorities on several
occasions, she did not receive any social or housing support and was left to find her own
accommodation. Further, her situation is now very different from the time she was living
there by herself, since she now has to take care of her son, which will be a disadvantage to
her in finding a job.
6.3
The author also submits that people with protection status in Italy mostly live in
precarious conditions. She relies on a report issued by the Swiss Refugee Council in 2016,
stating that it can be difficult for people with protection status in Italy to find housing and
access social assistance.23 The report further states that most refugees would often end up
living in squats or on the streets, where there is a risk of danger and violence, and concludes
that conditions in the squats are inadequate for children and pose a risk to their
development.
6.4
According to the author, the State party has failed to seek effective assurances from
the Italian authorities regarding the reception of the author and her son, similar to Jasin v.
Denmark (para. 8.9). In that respect, the author claims that violations have been found by
the Committee also in the cases of Hashi v. Denmark and Ahmed v. Denmark and that her
case presents similar circumstances of a single mother with a child who previously
experienced difficulties in Italy and has an expired residence permit.24
6.5
Finally, the author submits that a foreseeable consequence of her deportation to Italy
would be that she will not have effective access to any integration support or housing. That
will expose her and her minor son to a real risk of inhuman and degrading treatment,
including threats to their personal integrity and risks of homelessness and destitution.
State party’s additional observations on the author’s comments
7.1
On 4 June 2018, the State party submitted that the author’s additional observations
of 20 November 2017 had not provided any new information on the personal circumstances
of the author and her son, recalling the State party’s observations of 11 April 2017. It also
indicated that the Refugee Appeals Board was aware that the Committee had found in a
number of cases against Denmark that the decisions of the Board on the transfer of authors
23
24
GE.19-07290
See Swiss Refugee Council, “Reception conditions in Italy” (August 2016), pp. 41 to 44.
See Hashi v. Denmark (CCPR/C/120/D/2470/2014), para. 10, and Ahmed v. Denmark
(CCPR/C/117/D/2379/2014), para. 14.
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