Italian Judgments on family reunification, asylum and special protection



1.Visa for reunification of minor child.


The Court of Rome annulled a measure by which the Italian Embassy in Dhaka rejected the application for an entry visa for family reunification of the minor child.

The measure was adopted on the basis of a preliminary investigation which the Administration delegated to an investigation agency and which the applicant contested.

In addition, the foreign national expressly requested that a genetic test be carried out to establish paternity.

However, despite the Court's order ordering the DNA test to be carried out, which would have been decisive, the Administration did not comply with the court's decision.

The order thus upheld the appeal on two grounds: first, it held that the investigation carried out by the Administration was not sufficient to hold that the certificate issued by the foreign authority attesting to the paternity of the applicant in relation to the family member to be reunited was untrue, given the modus operandi of the investigation agency appointed by the Embassy.

Moreover, since the administration did not comply with the judge's order to carry out genetic examinations, the judge drew evidence from that conduct under Article 116 of the CPC.


2.A foreign citizen applying for asylum is authorised to remain in Italy for the sole purpose of the procedure even if he has received a decree of expulsion


The Justice of the Peace of Padua, with sentence no. 347 The Justice of the Peace of Padua, with decision no. 347 of 3rd June 2021, acquitted a Nigerian citizen, charged with the crime of art. 14, par. 5 ter and quater of the Legislative Decree no. 286/1998, because the fact does not exist, in accordance with the jurisprudence, according to which the applicant who submits a repeated application for international protection, even after the expulsion order issued by the Questore, is authorized to remain in the Italian territory for the sole purpose of the procedure, a principle which is not subject to exceptions when the same is submitted after the issuance of the expulsion order.


3.Special protection to the Peruvian applicant victim of sexual violence in the country of origin.


The Court of Rome, with the decree of 20 April 2021, accepted the appeal pursuant to art. 35 bis of the Legislative Decree 25/2008 of a Peruvian citizen, victim of sexual violence in her country of origin, recognising the applicant's right to special protection.

The trial judge based his decision on the traumatic family and personal experience from which the foreign citizen fled and on the effective and successful attempt of the applicant.

On this point, the Court focused its attention on the concept of "private life", pursuant to Law Decree no. 130 of 21 October 2020, converted into Law no. 173 of 18 December 2020, which introduced, among the cases of inexpellability for the purposes of granting special protection, the case in which the removal of the foreign citizen from the national territory may result in a violation of his/her right to private and family life. The ruling refers to the case law of the European Court of Human Rights which has given the term "private life" for the purposes of applying Article 8 ECHR.


Prof. Avv. Paolo Iafrate


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