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 although it was "clear that there was a history of criminal convictions listed by the Police Headquarters, which objected to the applicant's social dangerousness", the PA had not provided "adequate motivation on the prevalence of social dangerousness over family ties". Such ties, also in accordance with the amended art. 19, par. 1.1, legislative decree no. 286/98 (as amended by legislative decree no. 130/2020), determine the applicant's inadmissibility in order to guarantee the protection of his right to respect for his private and family life, entailing the acceptance of the appeal for the protection of family ties on which "the Police Headquarters has not objected or contested anything nor proved the contrary of what the applicant has asserted, nor has it provided any element capable of contesting such assumption, which appears well-founded".
Prof. Avv. Paolo Iafrate
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