It is known that at least 80 percent of illegal immigrants who seek asylum in Italy do not obtain it. It is also known that they have the right to appeal to the Supreme Court and that they usually do so, taking advantage of the free legal aid they can take advantage of: the legal fees are paid by the Italian state, at a cost of 50-60 million euros each year. Perhaps less well known is that many appeals are upheld, which makes the defenders of "open ports" say that the territorial commissions charged with judging asylum requests are functioning badly: the percentages of sentences in favor of applicants suggest that "a significant part the negative decisions adopted by the territorial commissions are unfounded and therefore the judgment on the person's affair has been carried out in little depth ". It is therefore welcome that the injustice of hasty sentences can be remedied "later by the judge, an impartial figure".
It all seems right, at least until the judges' sentences are known. Here are some examples taken from the website of the “Melting Pot Project, For the promotion of citizenship rights” .
The Court of Appeal of Potenza on 6 March 2020 recognized subsidiary protection to an asylum seeker from Gambia of Islamic faith who claims to have escaped from the condition of slavery imposed on him by the Koranic school to which his family had entrusted him in Senegal. The Territorial Commission had rejected the asylum request, considering his account not very credible due to the lack of details provided and the strangeness that he had ended up in a Senegalese Koranic school from Gambia. But the Court found it plausible that the applicant had confused memories and therefore found his account to be true. From articles published in La Repubblica and in the magazine "Deported, exiles, refugees" he obtained confirmation of an unacceptable treatment, the students "forced by their Koranic teachers to beg for money, rice or sugar daily". Furthermore, according to the Court “it does not appear that, after the change in leadership of the government in 2017, the situation has substantially changed. In this way, it is confirmed that, due to the endemic inefficiencies of its legal system, the Gambia is unable to offer protection by identifying, prosecuting and punishing acts that constitute serious damage ”. Accusing a government of failing to protect its citizens is a sensitive issue that could also provoke a diplomatic crisis. Specifically, moreover, the reported abuses were committed in Senegal. It is true that in the Koranic schools there are cases of physical and moral violence, but it certainly cannot be said of the begging practiced also by Christian, Hindu, Buddhist monks, jains … Finally, in Gambia we speak English and in Senegal French and this makes indeed it is unlikely that a Gambian will be sent to a Senegalese Koranic school.
On August 13, the Bari court instead recognized humanitarian protection to a citizen of Senegal because expulsion would expose him "to danger of dignity" and because "in Senegal the total number of cases of people affected by Covid-19 has suffered a considerable increase". The danger to dignity would derive from the fact that the man left his country in 2014, before emigrating he closed his shop and therefore is "uprooted from the context", and "the difficult situation in Senegal in any case from an economic point of view. "Means that on his return he would find himself deprived of employment and sources of income, which" would entail extreme vulnerability with compression of that minimum indispensable core of now acquired personal dignity ". Knowing the phenomenon of illegal emigration, the man may have sold the shop to get the money for the trip.
To judge how "difficult" the situation in Senegal is, bear in mind that its GDP grew by 7.2 in 2017, 6.4 in 2018 and 5.3 in 2019. Italy entered recession in 2018 (it had already happened in 2013). It recorded a GDP growth of 0.8 percent that year (0.7 percent in 2017) and 0.2 percent in 2019. As for the coronavirus , in Senegal on September 28 there were 14,869 cases and 306 deaths out of 16 million inhabitants, while in Italy there were 308,104 cases, 35,818 deaths. It should be added that Senegal is universally rightly considered one of the African countries that have best dealt with the Covid-19 emergency, being, among other things, one of the two states (the other is South Africa) able to immediately carry out swabs. Already at the beginning of March, the Pasteur Institute in Dakar was carrying out tests that made it possible to detect the virus in 10 minutes with a specificity of 92 percent.
But Covid-19 has "saved" other illegal migrants.
Among these is a citizen of Pakistan who on 25 June obtained a residence permit for humanitarian reasons from the court of Naples, Section specialized in immigration. The judge agreed with the Territorial Commission that the reasons given by the man for obtaining international protection were of "dubious credibility" and therefore the request had to be rejected. However, "from the international sources consulted – reads the sentence – it emerges that the Covid-19 pandemic has assumed a situation of considerable gravity which the Pakistani health system does not appear capable of coping with". Crucial then was the fact that the Pakistani health system "as a result of widespread privatization that has consolidated a commercial orientation to medical care" guarantees poor health services to the poor. Forcing the man to return home would have exposed him to conditions of "extreme vulnerability" and his right to health would have been seriously compromised.
On June 30, the same court in Naples granted humanitarian protection to a Bangladeshi citizen in consideration of his good integration, but above all of the progress of the epidemic in his country of origin. "In Bangladesh – says the sentence – the Covid-19 pandemic has affected a large part of the population". In addition, “from recent information, the inadequacy of the remedies put in place by the government to contain the spread of this dangerous disease has emerged. The national newspapers reported cases of symptomatic people (fever, cough) who went to hospitals and clinics, where they were not admitted having been refused any treatment or test for the virus ". The health system also, according to the panel, “is lacking because there is a lack of qualified health personnel in the public sector and the access of the poor to care is very problematic, especially in rural areas. This situation contributes to creating that climate of insecurity for the protection of health, which integrates a particularly vulnerable condition in which the instant (sic) would find himself in case of repatriation ”.
Three months after these sentences, in Pakistan, the cases of Covid-19 are 310,841, the deaths 6,466 out of 212 million inhabitants; in Bangladesh there are 359,148 cases and 5,161 deaths out of over 164 million inhabitants: not exactly “a good part of the population”. There are many judgments that overturn the judgment expressed by the territorial commissions with arguments similar to those described. The recent jurisprudence of the Supreme Court on the "benefit of the doubt" contributes to favoring asylum seekers. According to this orientation "the doubt about the credibility must be resolved in favor of the declarant". Furthermore, having ascertained the validity of the dangers an applicant would face if repatriated, the courts do not seem to consider the possibility provided by the European Union to verify whether the fears expressed and the dangers reported are limited to a defined area of the territory of the country of origin and whether the applicant could possibly be transferred to another part of the country where he would have no reason to fear.
This is a machine translation from Italian language of a post published on Atlantico Quotidiano at the URL http://www.atlanticoquotidiano.it/quotidiano/ecco-le-assurde-sentenze-figlie-dellideologia-no-border-che-spalancano-le-porte-allimmigrazione-illegale/ on Tue, 29 Sep 2020 03:42:00 +0000.