“Taking into account the principles of cooperation and the mitigation of the burden of proof, the facts presented by the applicant constitute a concrete fumus persecutionis pursuant to Article 2(g) of Legislative Decree No. 251/2007 and represent circumstances sufficient to establish a well-founded fear of suffering harm for one of the grounds protected by the Geneva Convention.
The applicant faces a specific risk arising from her personal experience and the Nigerian social context, in which women constitute a particularly vulnerable category; in accordance with the Qualification Directive, persecution based on sex constitutes a distinct form of persecution, which can properly fall within the definition of a refugee under the 1951 Geneva Convention, qualifying women at risk of abuse (related to their sex) as a “particular social group.” Therefore, the application for international protection must be granted, and the applicant may be recognized as a refugee pursuant to Article 1(2) of the Geneva Convention.”
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