#immigration

NEWS & ARTICLES

Sep 19, 2022
1 min

Expulsion annulled: defect of motivation on the prevalence of social dangerousness over family ties

Expulsion annulled: the PA did not provide "adequate motivation on the prevalence of social dangerousness over family ties The Justice of the Peace in Naples, by order of 4 May 2022, upheld the appeal in light of the documented and "qualified" family ties of the applicant (Italian minor child and new Italian partner expecting the applicant's second child) and taking into account the precautionary ruling of acceptance by the Court. The Magistrate's Court stated, in fact, that

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Foreigner who does not report to police station for expulsion purposes is not liable under 650 cp

lifang60

Sep 19, 2022
3 min

Foreigner who does not report to police station for expulsion purposes is not liable under 650 cp

Court of Rieti, sentence no. 407 of 18 July 2022 A foreigner who fails to comply with an invitation to report to the police station for expulsion purposes is not liable for the offence under Article 650 of the criminal code The Court in monocratic composition, " ...., acquitted of the crime provided for in Article 650 of the Criminal Code the foreign citizen who, by failing to appear at the Immigration Offices of the Rieti Police Headquarters on the day and at the time establ

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Special protection: presence since 2017, good inclusion justify recognition

lifang60

Sep 6, 2022
2 min

Special protection: presence since 2017, good inclusion justify recognition

Court of L'Aquila, decree of 31 May 2022 Special protection: presence in Italy since 2017, good inclusion and network of social relations justify recognition The judge of the Court of L'Aquila recognised to a Nigerian citizen the residence permit for special protection referred to in Article 32, paragraph 3 of Legislative Decree no. 25/2008, regardless of the assessment of the subjective and objective conditions of the applicant in the country of origin. The College grounds i

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Emersione 2020 - Suspension for erroneous assessment of employer's insufficient income

lifang60

Sep 6, 2022
2 min

Emersione 2020 - Suspension for erroneous assessment of employer's insufficient income

T.A.R. per la Puglia, order no. 316 of 8 July 2022 Emersione 2020 - Suspension for erroneous assessment of employer's insufficient income The Apulia Regional Administrative Court, Bari seat, by order of suspension for the purpose of re-examination, granted the application with the following reasoning: "Considering that, after a summary examination of the precautionary phase, the complaint concerning the excess of power of the Public Administration with regard to the incorrect

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Obligation of "non-removal" during the emersion procedure: to be identified in the 180-day period

lifang60

Aug 8, 2022
2 min

Obligation of "non-removal" during the emersion procedure: to be identified in the 180-day period

T.A.R. of Campania, judgment no. 4239 of 22 June 2022 Obligation of "non-removal" during the emersion procedure: to be identified in the 180-day period A very important ruling by the Regional Administrative Court of Campania Naples, which establishes that, regardless of the justification of the removal from the National Territory, in the emersion procedure the final term of the prohibition of removal from the T.N. is to be identified in the term of 180 days established for th

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Council of State sets the maximum time limit for the conclusion of proceedings at 180 days

lifang60

Jul 25, 2022
1 min

Council of State sets the maximum time limit for the conclusion of proceedings at 180 days

Council of State no. 3578 of 9 May 2022 Council of State sets the maximum time limit for the conclusion of proceedings at 180 days The Council of State noted that the ordinary term for the conclusion of the emersion procedure provided for by Decree-Law No. 34 of 2020 must be 180 days. This conclusion was reached following an articulated examination of the provisions of Article 2 L. 241/90 in relation to which the matters of immigration and citizenship travel on a regulatory t

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Family visa: the Consulate cannot deny it if it does not prove the falsity of the marriage

lifang60

Jul 25, 2022
1 min

Family visa: the Consulate cannot deny it if it does not prove the falsity of the marriage

Court of Rome, order of 27 June 2022 Entry visa for family reasons: the Consulate cannot deny it if it does not prove the falsity of the marriage The Court of Rome established the subjective right of the applicant to the issue of an entry visa for family reasons in favour of her husband, unlawfully not issued by the Italian Embassy in Youndè, Cameroon. In fact, the competent Italian Embassy has not yet determined the issuance of the visa requested by her husband, making it im

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Jurisdiction of the Court in case of opposition to expulsion based on the right to family unity

lifang60

Jul 25, 2022
2 min

Jurisdiction of the Court in case of opposition to expulsion based on the right to family unity

Court of Rome, Order of 30 May 2022: Jurisdiction of the Court in case of opposition to expulsion based on the right to family unity The Ordinary Court with the order, issued at the outcome of a judgment pursuant to art. 13, par. 8 of the Consolidated Immigration Act concerning an opposition against an expulsion decree issued by the Prefect of Rome, issued a decision relevant, in particular, in terms of subject-matter jurisdiction. Article 18 par. 2 of legislative decree 150/

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Reception revocation and satisfaction of applicant's most basic needs

lifang60

Jul 11, 2022
2 min

Reception revocation and satisfaction of applicant's most basic needs

T.A.R. per la Liguria, judgment no. 155 of 24 February 2022: Reception revocation - Cannot be inflicted if it deprives the applicant from the satisfaction of his most basic needs The Regional Administrative Tribunal for Liguria annuls the revocation of the reception measures ordered by the Prefecture of Imperia pursuant to Article 23 of Legislative Decree 142/15. In particular, the TAR refers to the ruling of the Court of Justice of the European Union (judgment 12 November 20

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Verification of continuity of residence in the face of discrepancies in the registry office results

lifang60

Jul 11, 2022
1 min

Verification of continuity of residence in the face of discrepancies in the registry office results

Court of Florence, ordinance of 20 May 2022 : Verification of continuity of residence in the face of discrepancies in the registry office results The Court of Florence ascertained the continuity of residence in the face of discrepancies in the registry office results. The foreign citizen had undergone a registry cancellation (and subsequent re-registration in another municipality a couple of months later) attributable to a mere mistake in signing the registry cancellation for

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Court of Florence: Liberian citizenship legislation is discriminatory

lifang60

Jun 27, 2022
1 min

Court of Florence: Liberian citizenship legislation is discriminatory

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

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Italian ruling on renewal of residence permit for self-employment and minimum income requirement

lifang60

Jun 27, 2022
3 min

Italian ruling on renewal of residence permit for self-employment and minimum income requirement

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

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Italian rulings: emersion, citizenship, subsidiary protection

lifang60

May 17, 2022
3 min

Italian rulings: emersion, citizenship, subsidiary protection

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

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The latest Italian rulings on immigration and work

lifang60

Apr 5, 2022
3 min

The latest Italian rulings on immigration and work

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

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Special protection to protect the right of inclusion of foreign citizens in the national territory

lifang60

Mar 21, 2022
3 min

Special protection to protect the right of inclusion of foreign citizens in the national territory

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

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Temporary protection for Ukrainians fleeing the conflict

lifang60

Mar 8, 2022
1 min

Temporary protection for Ukrainians fleeing the conflict

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

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Right to health of asylum seekers in Extraordinary Reception Centres (Cass, Order n. 4873/2022)

lifang60

Mar 8, 2022
2 min

Right to health of asylum seekers in Extraordinary Reception Centres (Cass, Order n. 4873/2022)

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

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Violence suffered in Libya and international protection (Italian Supreme Court order no. 4315/2022).

lifang60

Mar 8, 2022
2 min

Violence suffered in Libya and international protection (Italian Supreme Court order no. 4315/2022).

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

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Court of Cagliari, order of 7.1.2022: refusal to renew the work residence permit

lifang60

Feb 21, 2022
3 min

Court of Cagliari, order of 7.1.2022: refusal to renew the work residence permit

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

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Court of Treviso decree of 4.1.2022: Impossible to transcribe birth certificates formed abroad

lifang60

Feb 21, 2022
2 min

Court of Treviso decree of 4.1.2022: Impossible to transcribe birth certificates formed abroad

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

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