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Civil Court of Milan: recognition of special protection

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 right to privacy. In particular, the judge specified that: "(...) he has been in Italy for almost five years. He has been working continuously since March 2018 in the agricultural sector, except for a suspension in the summer of 2020 due to bureaucratic problems with the renewal of his residence permit.

He receives incomes that allow him to live a dignified life (...) he speaks and understands well the Italian language, with which he communicated with the judge in court and lives independently in a rented flat since 2019. Language, work and housing are solid elements of the applicant's integration in Italy. His repatriation would result in an infringement of his right to privacy.

The applicant should therefore be granted, pursuant to Article 19.1.1 of the T.U.I., the right to a residence permit for special protection for a period of two years under Article 32, third paragraph, of Legislative Decree No. 25 of 2008".

Prof. Avv. Paolo Iafrate

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