Court of Florence, ordinance of 1 June 2022: Liberian legislation on citizenship is strongly discriminatory: stateless status to a boy born in Ghana to a Liberian mother. The Court of Florence ascertained the stateless status of a boy born in Ghana to a Liberian mother and father who died before his birth. The Court ascertained the applicant's stateless status since he was unable to acquire either Liberian or Ghanaian citizenship. Liberian legislation on citizenship, which is

Council of State, Judgment No 3505 of 4 May 2022: Renewal of residence permit for self-employment and minimum income requirement to be considered The ruling issued by the Council of State addresses and definitively resolves the issue of the income requirement / payment of contributions by a foreign citizen applying for the renewal of his residence permit. The foreign citizen appealed against the judgment of the Regional Administrative Tribunal for Liguria, which rejected his

Justice of the Peace of Rome, order of 21 March 2022 Revocation of the expulsion decree following the positive conclusion of the emersion procedure On 18 May 2020, an expulsion decree was issued by the Prefecture of Rome ordering the removal from the national territory of an irregular foreign citizen. The applicant filed an objection to the decree, attaching an application for emersion from irregular employment under Article 103 co. 1 of Legislative Decree no. 34 of 19 May 20

T.A.R. for Liguria, judgment no. 152 of February 24, 2022 In this case, the foreign citizen to whom the Questura of Imperia refused the request for regularization on the national territory, regarding the issuance of a residence permit for emersion from the irregular employment relationship. According to the Police Headquarters, the sentence handed down by the Court of Imperia in 2016 would be an obstacle. In this regard, the Regional Administrative Court notes that the applic

Court of Reggio Calabria, decree of 14 January 2022 Issue of residence permit for special protection to protect the right of inclusion of foreign citizens in the national territory. The court of first instance recognised the special protection, particularly valuing the integration process carried out by the applicant in Italy pursuant to Law 173/2020. "In the case at hand, the applicant left his country of origin in 2013, attempting a first settlement in Sudan and then in Lib

On March 3, 2022 the European Council, acting on a proposal from the Commission, decided to implement Directive 2001/55/EC in order to provide "temporary protection" to Ukrainians fleeing the war. The Directive regulates "a procedure of an exceptional nature to ensure, in cases of mass influx or imminent mass influx of displaced persons from third countries who cannot return to their country of origin, immediate and temporary protection" (Art.2). Council Implementing Decision

In March 2020, the Asgi Association had denounced the failure to apply, in the largest CAS in Bologna, the Mattei, the personal distancing measures provided for by the rules against the pandemic. After a very long battle, the Court of Cassation acknowledged that the right to health of asylum seekers should be protected also in the CAS, guaranteeing them the measures adopted by the State to fight the COVID-19 epidemic, without any discrimination. The dispute started in March 2

The Supreme Court annuls the decree of the Court of Venice rejecting the application for international protection, stating that, for the purposes of the recognition of humanitarian protection, the fact that the applicant suffers from post-traumatic stress disorder due to the violence suffered in the country of transit is important. In this case, an asylum seeker from Ghana stated that he had left his country of origin because he had been persecuted because he had been arreste

Appeal to the ordinary judge against the denial of renewal of the residence permit for subordinate work: necessary evaluation of the residence permit for special protection even in the absence of a specific application, and confirmation of the non-automatic hostility of a single criminal conviction. In the case at hand, the Court interpreted the regulation of par. 1.2 of art. 19 TUI and the circular of 19 March 2021, noting that "the measure of the Police Headquarters of Cagl

In this case, foreign citizens asked for the application of Article 1 of Law 91/92 and the transcription of their birth certificates issued abroad. The trial judge upheld the Municipality's argument, observing that birth certificates issued abroad cannot be transcribed directly for the purpose of recognising Italian citizenship, at the request of foreigners who had reached the age of majority at the time of their parent's acquisition of citizenship, but it is necessary to ini

The Circular points out that Art. 116 of the Civil Code provides that foreign nationals wishing to marry within the national territory must present to the civil registrar a declaration made by the competent authority of their own country stating that there are no obstacles to the marriage. For refugees, this function used to be carried out by UNHCR (United Nations High Commissioner for Refugees), but given the evolution of the legislation and the impossibility for UNHCR to co

The decree of the President of the Council of Ministers of December 21, 2021 on the programming of flows in 2021, with which the quotas of foreign workers who can enter Italy to work have been set, was registered by the Court of Auditors on December 27, 2021 and will be published in the Official Gazette on January 17, 2022. The Decree sets a maximum entry quota of 69,700 units, 42,000 of which are reserved for entry for seasonal work. In order to prevent forms of illicit int

Civil Court of Milan - specialised section International Protection recognition of special protection The judge recognised the issuance of a residence permit for special protection - pursuant to Art. 19.1 of Legislative Decree no. 286/98 and Art. 32, paragraph 3 of Legislative Decree no. 25/2008 - to a Gambian citizen, given his living conditions in Italy, indicative of a situation of solid social integration, such that his repatriation would result in a violation of his righ

In this case, the court of first instance upheld the request for formalisation of an asylum application by an asylum seeker in favour of her and her six children in the absence of original, translated and legalised birth certificates. In fact, one of the minors had never been registered at the registry office, while two of the minor children only had a copy of a German certificate, and one minor only had an unlegalised Bosnian certificate. The Questura requested a DNA test f

Court of Cassation, Order No. 13286 of 18 May 2021 The court of legitimacy has annulled the judgment of the judge of second instance that in the investigation used sources of 2017 violating the obligation to acquire information on the compromise of human rights in the country taken from reliable sources and updated. More precisely, the Supreme Court of Cassation observes: "Secondly, the Court of Appeal, although it carried out an examination of the social, political and econo

We would like to point out two interesting rulings on expulsion, registration and an interesting ministerial circular explaining special protection. Decree Court of Rome 3 August 2021 n.47847/2021 The Court of Rome suspends the expulsion of a foreigner detained in (Centro di Permanenza Rimpatri - PR) in order to protect the best interests of his minor children. The decree of 3 August intervenes on the administrative practice of deporting detainees at the end of their sentence

1.Visa for reunification of minor child. The Court of Rome annulled a measure by which the Italian Embassy in Dhaka rejected the application for an entry visa for family reunification of the minor child. The measure was adopted on the basis of a preliminary investigation which the Administration delegated to an investigation agency and which the applicant contested. In addition, the foreign national expressly requested that a genetic test be carried out to establish paternity

The National Commission for Access to Administrative Documents declared on 3 June 2021 that the worker is entitled to have access to the various opinions issued during the emersion procedure/sanction of June 2020. The case concerns an application for emersion from irregular work, pursuant to art. 103 c.1. of DL n. 34/2020, which received a negative opinion from the Questura di Roma. The right of "endoprocedural" access is provided for by articles 7 and 10 of Law 241/1990 and

We point out two Interesting rulings on expulsion and offences hindering the request of emersion of irregular work of the employer for previous convictions, as well as a legitimacy ruling on the evaluation of the asylum seeker. Expulsion decree - The prefect must consider the private and family life of the foreign citizen in addition to the situation of fundamental rights in the country of origin. Justice of the Peace, order of 30 April 2021 The Justice of the Peace of Rimini

We would like to point out two interesting Circulars in relation to the health registration with the SSN (National Health Service) for those who have requested the emersion of irregular employment relationships pursuant to Law Decree 34/2020 and for fixed-term employment relationships concluded because the final term has expired, pending the convocation of the interested parties at the Sportello Unico Immigrazione (SUI). OBJECT: Decree Law 34/2020 Urgent measures concerning h