CCPR/C/117/D/2379/2014
connection, the author reiterates that while she was holding a residence permit in Italy she
was forced to a live in destitution, sleep on the streets or in shelters and be dependent on
food given to her from churches. When she was sent back to Italy from Finland, she again
found herself facing the same living conditions that she had already experienced and again
was offered no help from the authorities, while holding a valid residence permit. Hence, the
living situation for the author, who no longer holds a valid Italian residence permit, and her
four daughters, who at no point have held Italian residence permits, is the same regardless
of the fact that the author had a residence permit that she had been able to renew and might
be able to renew again. In that respect, the author adds that this time in Italy she would also
have to provide for and protect her four daughters.
9.2
Furthermore, as to the State party’s argument that the Refugee Appeals Board in the
present case adequately took into account the information provided by the author, the
author notes that, despite the fact that she specified the situation she had experienced while
in Italy, i.e., her living conditions, her dependency on private donors for food and the
absence of help from the Italian authorities when she approached them, the Refugee
Appeals Board disregarded these circumstances. Moreover, in its reasoning, the Board
made reference to the fact that the author could enter Italy and stay there legally and that
she holds Italian papers; however, the Board did not explain how the possibility of a
renewal of her residence permit would protect her and her daughters from the extremely
harsh living conditions that she had already faced twice while holding a residence permit
there. Finally, as to the State party’s argument that in the present case the author is not an
asylum seeker and therefore the present case differs from the case of Jasin et al, the author
submits that: (a) that case and the present one both involve women who were at one point
holders of international protection in Italy and who left Italy and applied for asylum in
Denmark; and (b) in both decisions reference was made to Italy as a first country of asylum.
State party
10.1 On 3 June 2016, in reply to the author’s comments, the State party referred to its
previous observations and notes that the author has not advanced any new information on
her and her children’s situation. It further notes that in the case of Jasin et al v. Denmark,
the Committee concluded that that States parties should give sufficient weight to the real
and personal risk a person might face if deported. According to the State party, this requires
an individualized assessment of the risk faced by the author, rather than reliance on general
reports. Accordingly, given that the author has benefitted from the subsidiary protection in
the past, she would in principle be entitled to work and receive social benefits. In addition,
the State party observes that the case of Jasin concerned the deportation to Italy of a single
mother with minor children, whose residence permit for Italy had expired. The present case
also concerns a single mother with children; however, two of the author’s four children
today are already 18 years old (the twins born on 20 February 1998) and therefore no
longer minors. In comparison, the three children in Jasin were considerably younger, aged
7, 5 and 1 when the Committee adopted its views. Moreover, no information is available in
the present case to indicate that the author or one or more of her children suffer from any
diseases requiring therapy.
10.2 Furthermore, the State party notes that, according to the information in her asylum
case, from May 2010 until her entry into Denmark in August 2013, the author stayed in
Italy and managed to find food and shelter. According to her own information, the author
has an Italian health insurance card and she had the means to acquire a flight ticket to travel
to Denmark. It also appears from the information provided in the author’s asylum case that
when entering Denmark she was in possession of a cash card, an Italian identification card
and an Italian alien’s passport. The State party maintains that the Board adequately took
into account the information provided by the author, which is based on her own
experiences. The author has had the opportunity to make submissions both in writing and
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