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 impossible for him to enter Italy despite the presence of all the legal requirements.


According to the judge, the visa must instead be issued since "no suitable circumstances have emerged to demonstrate, as claimed by the Italian consular authority, the falsity of the marriage bond".


Prof. Avv. Paolo Iafrate


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