#immigrazione

NEWS & ARTICLES

Jun 14, 2022
2 min

Family residence permit: long administrative procedure duration and damages

Court of Lecce, Order of 23 May 2022 The long duration of the administrative procedure cannot cause damage to a foreign citizen waiting to obtain a residence permit for family reasons. The Court of Lecce recognised to a Serbian citizen, spouse of a compatriot holding a permit for subsidiary protection, the immediate right to obtain a permit for family reasons. The Taranto Police Headquarters delayed issuing the woman's permit, so much so that her spouse's permit expired in th

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Ukraine: Subsidiary protection to Ukrainian citizen conscientious objector

lifang60

Jun 14, 2022
2 min

Ukraine: Subsidiary protection to Ukrainian citizen conscientious objector

Court of Perugia, decree of 10 March 2022 The judge of the Court of Perugia granted subsidiary protection to a Ukrainian citizen who fled in 2014 to avoid being forced to fight in the Donbass region, as he did not want to take part in the conflict because of his evangelical Christian faith. The Court considers the decision of the Territorial Commission to be well-founded when it states that Ukrainian law provides for conscientious objection on religious grounds. It therefore

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Latest rulings on special protection and social assistance for foreigners (March - April 2022)

lifang60

May 2, 2022
4 min

Latest rulings on special protection and social assistance for foreigners (March - April 2022)

Court of Rome, order of 11 April 2022 In this case a Bangladeshi citizen fled in order to face the debts of his family. In fact, the applicant left the country in 2012 and started a seven-year journey, crossing, among other things, the Balkan route, in order to reach Italy in 2019. The Court "considered the level of integration achieved and the long period of distance from the country of origin; after having worked for a long time as a street vendor, he was hired as a dishwas

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Justice of the Peace of Milan and TAR on expulsions, 2020 regularization and proof of presence

lifang60

Apr 15, 2022
3 min

Justice of the Peace of Milan and TAR on expulsions, 2020 regularization and proof of presence

Justice of the Peace of Milan, decree of 8 April 2022 According to the justice of the peace, administrative expulsions imposed on a date prior to the request for regularization pursuant to art. 103 D.L. 34/2020. The expulsion provision of 02/08/2020 adopted against the applicant is to be suspended and canceled by virtue of the subsequent request for regularization, presented on 14/08/2020, for which the applicant is to be considered legally residing in the territory of the st

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Unlawful expulsion and detention without the right to defend themselves in their mother tongue

lifang60

Feb 21, 2022
2 min

Unlawful expulsion and detention without the right to defend themselves in their mother tongue

Foto di repertorio (Ansa) Avv. Lifang Dong and Avv. Fabio Bucci, assumed the defense of a Chinese citizen who received an expulsion order from the Italian territory and a subsequent detention decree at the Retention Center for Repatriation (CPR) in Ponte Galeria (Rome, Italy) . In the hearing held before the Italian Judge, they pleaded the lack of translation of both the expulsion order and the detention decree, the justification adopted by the Novara Police Headquarters not

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Flows Decree 2021 for foreign citizens who intend to invest or work in Italy

lifang60

Jan 10, 2022
2 min

Flows Decree 2021 for foreign citizens who intend to invest or work in Italy

The 2021 Flows Decree of December 21, 2021 was approved, which establishes the entry quotas for non-EU citizens who intend to invest or work in Italy. Its publication in the Italian Official Gazette is still pending. A maximum of 69,700 non-EU workers are allowed to enter in Italy for the year 2021, divided as follows: 42,000 seasonal employees in the agricultural and tourism sectors 27,700 non-seasonal employees, of which: 20,000 reserved for citizens of countries who have s

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Italian Jurisprudence on immigration and citizenship (update Nov. 2021)

lifang60

Dec 17, 2021
3 min

Italian Jurisprudence on immigration and citizenship (update Nov. 2021)

Tribunal of Genoa, decree of 9 November 2021 The Court annuls the Dublin Unit's decision to transfer to Romania an Afghan applicant and her son born in Serbia during the migration route. The court of first instance considers that the transfer is impossible as there is a well-founded risk that the nucleus will be subjected to inhuman and degrading treatment. "In fact, although the latest reports of ECRI and AIDA concerning Romania (available on the website of the Council of Eu

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Italy: Court of Appeal of Bari, decree of 13.10.2021 on residence and two-parenthood

lifang60

Dec 6, 2021
4 min

Italy: Court of Appeal of Bari, decree of 13.10.2021 on residence and two-parenthood

The case of a separated father whom the Court of Appeal of Bari - juvenile section authorised to stay in the national territory by accepting the complaint submitted in compliance with the right to bigenitoriality. The appellant, while married to the mother of the minor child, had been authorised twice by the Juvenile Court of Bari; on the third request for authorisation, having learned that the couple had separated, it decided to authorise only the mother of the minor child,

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Persecution on grounds of sexual orientation: no to stereotyped notions (Italian Cass. 30390/2021)

lifang60

Dec 6, 2021
3 min

Persecution on grounds of sexual orientation: no to stereotyped notions (Italian Cass. 30390/2021)

Persecution on grounds of sexual orientation and assessment of credibility: the Court reiterates that it does not rely on stereotyped notions. The applicant, a Nigerian citizen, stated that he had been forced to leave the country for fear of being persecuted as a homosexual. The Court of Appeal of Bari deemed his account unreliable. The Court of Cassation held that the applicant's sexual orientation (in this case, homosexuality) is a factor for identifying the "particular soc

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Italian Jurisprudence on subsidiary protection and balance between social integration and danger

lifang60

Nov 19, 2021
3 min

Italian Jurisprudence on subsidiary protection and balance between social integration and danger

Regional Administrative Court for Veneto, judgment no. 1142 of 29 September 2021 The Regional Administrative Court for the Veneto, section III, upheld the appeal filed by a Chinese citizen against the decision by which the Verona Police Headquarters had refused to renew his residence permit for subordinate employment. The refusal was based on the existence of a final sentence for crimes that prevented the granting of the permit pursuant to art. 4, c. 3, legislative decree no.

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Renewal of expired residence permit and prolonged absences from the Italian territory

lifang60

Nov 4, 2021
2 min

Renewal of expired residence permit and prolonged absences from the Italian territory

The request for renewal of the residence permit must be submitted within 60 days of the expiry date. In case of non-compliance with this deadline, unless the delay was due to force majeure, it can be ordered pursuant to art. 13, paragraph 2, lett. b, Italian Legislative Decree 286/1998 on immigration, the expulsion of the foreigner from the Italian territory. However, the Italian Supreme Court of Cassation (decision no. 4635/2012, order no. 8786/2021) established that the spo

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Italian Jurisprudence on immigration and humanitarian protection (update Oct. 2021)

lifang60

Nov 4, 2021
3 min

Italian Jurisprudence on immigration and humanitarian protection (update Oct. 2021)

Court of Cassation section III Civil No. 20749/2021 With judgment no. 628/2019, the Court of Appeal of Ancona had rejected, at the time of resumption, the appeal with which one of the victims of the massacre carried out by Luca Traini in the city of Macerata, had "claimed" the right to humanitarian protection. The trial judge had, in fact, excluded that the appellant, who had been hit by the gunshots fired by Traini, could have suffered, as a consequence of the serious bloods

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Italian Jurisprudence on immigration and humanitarian protection (update Sept. 2021)

lifang60

Oct 26, 2021
3 min

Italian Jurisprudence on immigration and humanitarian protection (update Sept. 2021)

Court of Rome, decree of 29 September 2021 Appeal against the Dublin Authority's decision accepted on the grounds that the six-month time limit had expired. A ruling of the Court of Rome, regarding a Dublin appeal, in favour of a Pakistani citizen for whom a transfer to Austria was envisaged. In the present case, in relation to the transfer to Austria through the Dublin Unit of the Pakistani citizen, the judge of first instance of the Court of Rome, Specialised Immigration Se

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Review of Italian jurisprudence on immigration and human rights

lifang60

Oct 6, 2021
3 min

Review of Italian jurisprudence on immigration and human rights

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

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Court of Turin: Right to family unity even in the presence of children in the country of origin

lifang60

Sep 24, 2021
1 min

Court of Turin: Right to family unity even in the presence of children in the country of origin

Court of Turin, order of 17 August 2021 p.n.21607/2019 The judge of first instance of the Court of Turin with an interesting order has accepted the request for family reunification made by an Albanian citizen, despite the absence of the requirement of children in the country of origin. The applicant applied to the Turin Police Headquarters for family reunification with her daughter residing in Turin and legally residing in Italy, but the application was rejected because the r

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Lifang Dong as guest speaker at IDOS Immigration Report 2016 presentation

lifang60

Dec 2, 2020
2 min

Lifang Dong as guest speaker at IDOS Immigration Report 2016 presentation

#idos #immigrazione #immigration #china #chinese #italy On the 27th of October 2016, at 10:30 am., in Rome, at Teatro Orione, Via Tortona 7 (Metro A: Re di Roma), the Presentation Event of the “Statistic Report on Immigration 2016, hospitality, integration and new citizenship” took place. This event is being recognized by IDOS Study and Research Centre who is in partnership with the magazine CONFRONTI, and in collaboration with both UNAR and the financial support of the Met

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