CCPR/C/117/D/2378/2014
authors that, according to documents received from the Italian authorities, it appeared that
they held residence permits in Italy; and A.S.M. had been granted asylum as a refugee.
2.12 The Refugee Appeals Board also noted that A.S.M. had stated that: in 2009, they
had been provided with housing for six months in Palagiano and had received money from
the Italian authorities in connection with their integration process; they had health insurance
cards and access to medical care; although he did not remember the validity period of the
health insurance cards, he had noted that it had been extended several times; they had been
registered with the office of a family physician where they could go every month; and the
physician had told them that they were fine and had therefore not referred them to
specialists. He also submitted that, in Palagiano, he had worked in an olive field but had
been fired because of the colour of his skin; and he had been the victim of abuse in
connection with another job. Upon their return from Germany, Caritas had provided
accommodation for R.A.H. and their child, whereas he had stayed in various places,
including in the homes of Somali families and on the street. A.S.M. had also stated that, in
Perugia, he had contacted the employment centre to get a job and that there had been a job
but it was seasonal and poorly paying. R.A.H. had stated before the Board that she had been
denied medical care in Rome in connection with her second pregnancy; she had been
examined once in Perugia before the delivery of the child in hospital and twice at Caritas;
after the delivery, her son had been examined at the hospital; they had been obliged to leave
Caritas two months after her child’s birth; and the child had not subsequently been
examined by doctors.
2.13 The Refugee Appeals Board considered that the authors’ complaint fell within the
scope of section 7 (2) of the Aliens Act owing to their fear of persecution by Al-Shabaab2
and that, consequently, the question was whether Italy could serve as their country of first
asylum, in accordance with section 7 (3) of the Aliens Act. 3 The Board found that the
authors could enter Italy and stay there legally while they applied for a renewal of their
residence permits. It also found that, in case of return to Italy, the authors would be
protected against refoulement, that their personal integrity and safety would be protected in
Italy to the extent necessary and that the financial and social conditions offered to them in
Italy would be adequate. On the basis of the foregoing and on the background information
available, the Board found that Italy could serve as the authors’ country of first asylum,
with reference to section 7 (3) of the Aliens Act, regardless of the [authors’] statements
concerning their problems during their stay in Italy.
2.14 The authors claim that they have exhausted all available domestic remedies, given
that the Refugee Appeals Board decision of 3 April 2014 is final and cannot be challenged
before a court.
The complaint
3.1
The authors submit that, by forcibly returning them and their children to Italy, the
State party would violate their rights under articles 7, 17 and 24 of the Covenant.
3.2
The authors claim that the Refugee Appeals Board should grant A.S.M. refugee
protection pursuant to section 7 (1) of the Aliens Act, given that he is at risk of persecution
in Somalia by Al-Shabaab, due to his political activities and his position as mayor of
Qoryooley. They also claim that, if returned to Italy, the State party would violate their
rights under article 7 of the Covenant, because the conditions in which they lived in Italy
amounted to inhuman and degrading treatment. If returned to Italy, they would have no
social assistance from the authorities, given that they had already benefited from the
reception system when they first arrived, and would therefore be forced to live with their
2
3
4
Section 7 (2) establishes that “upon application, a residence permit will be issued to an alien if the
alien risks the death penalty or being subjected to torture or inhuman or degrading treatment or
punishment in case of return to his country of origin”.
Section 7 (3) establishes that “a residence permit under subsections (1) and (2) may be refused if the
alien has already obtained protection in another country, or if the alien has close ties with another
country where the alien must be deemed able to obtain protection”.
GE.17-20685