Anonymous (X) v. Ministry of the Interior and the Monza and Brinza Territorial Commission for International Protection

An individual from a sand island (‘char’) in Bangladesh had suffered from severe and repeated flooding, causing land erosion and destroying his family’s home and land. This exacerbated the applicant’s socioeconomic deprivation, with the family repeatedly borrowing money to rebuild. The applicant and his family were repeatedly displaced as a result of the flooding. Furthermore, the state of Bangladesh had failed to implement preventative and adaptive measures as a result of corruption and ineffective disaster management. The applicant left Bangladesh for Italy, in order to support his family back home. He applied for asylum in April 2017.

The Commission of Monza and Brinza had initially rejected the application, finding the applicant ineligible for refugee or subsidiary protection. It was then appealed in February 2020.

The Court considered whether the applicant was eligible for refugee status, considering environmental destruction in the applicant’s char and the effects of climate change. However, the Court found that the applicant did not meet the requirements for refugee status, as he was not part of any recognised group of race, religion, nationality, membership of a social group, or political opinion.

For subsidiary protection, the Court considered climate-related degradation, repeated displacement, poverty, lack of effective state protection, and severe impacts on livelihood conditions. Using jurisprudence from the European Court of Human Rights, they found that there was a risk of inhuman and degrading treatment upon return due to the severe and recurring impacts of climate change, including economic impacts. The applicant was granted subsidiary protection.