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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 reunification of the 65-year-old parent with her daughter residing in Italy took place in the presence of another child in her country of origin.

The applicant proposed and pleaded violation of Articles 5, 29 and 30 of the Consolidated Law on Immigration, as well as of the right to family unity according to the constant orientation of the Constitutional Court and the European Court of Human Rights.

The Court found that both the husband and the daughter present in Italy were in possession of regular residence permits and recognised the right to family reunification. In fact, despite the fact that the applicant had not reached the age of 65, unlike her spouse, and the presence of children present in the country of origin who were unable to take care of their parents, the family unit could be maintained by their daughter.

This order constitutes a concrete application of the constitutionally oriented interpretation protecting family unity.

Prof. Avv. Paolo Iafrate

This article is not a legal advice, but it has an informative function only. For personalized legal advice, contact us by e-mail or by phone +39 06 916505710. © Dong & Partners International Law Firm, All rights reserved

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