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Italian Jurisprudence on immigration and citizenship (update Nov. 2021)

Tribunal of Genoa, decree of 9 November 2021

The Court annuls the Dublin Unit's decision to transfer to Romania an Afghan applicant and her son born in Serbia during the migration route. The court of first instance considers that the transfer is impossible as there is a well-founded risk that the nucleus will be subjected to inhuman and degrading treatment.

"In fact, although the latest reports of ECRI and AIDA concerning Romania (available on the website of the Council of Europe and ECRE; Romania | European Council on Refugees and Exiles;) give partially positive assessments on the efforts made by the government with particular regard to the training of staff (police, judges, lawyers), the procedures, the reception system, it must be said that the assessments are positive only in part and, above all, only "in law", not also "in fact". AIDA indicates that in 2020 the number of people who arrived in Romania and applied for protection status increased by 238% compared to 2019. In addition to the increase in violence and rejections, Romania also faces the problem of overcrowding in reception centres. The increase in the number of people has become a real problem in these centres, which have a total capacity of 1,100 people.

The country's six centres, located in Timisoara, Şomcuta Mare, Rădăuţi, Galaţi, Bucharest and Giurgiu, cannot currently accept all the people who need accommodation.

The circumstances set out above - which are to be regarded as common knowledge, since they can easily be consulted on the institutional websites of A.I., HUNCR, HRW and AIDA - in the absence of any documentation to the contrary from the defendant, are sufficient to establish that there is a well-founded risk that the contested measure exposes the applicant and her minor child to the possibility of being subjected to treatment contrary to humanitarian principles and to Article 4 of the Charter of Fundamental Rights of the European Union".

Court of Rome, order of 7 November 2021

The Civil Court of Rome recognised the Italian citizenship ex art. 4 par. 2 of law 91/92 to a Romanian citizen whose application had been declared inadmissible by the Municipality of Rome because, although the application had been submitted before the age of 19, within the same deadline the applicant had not fulfilled the burden of documental integration and therefore had not formalised the declaration referred to in art. 4 par. 2 of law 91/92 within 19 years (considered as the deadline by the Municipality).

In particular, in the judgment in question, the judge clarifies that it is sufficient for the applicant to submit the application for the acquisition of citizenship by the age of 19 "since the start of the procedure, regardless of the time needed to complete the administrative procedure and the actual formalisation of the declaration, constitutes in itself the manifestation of the will to acquire such citizenship" and that any request for supplementary documentation by the administration cannot have any impact on the admissibility of the application - provided it is timely - but only on the outcome of the same. Consequently, the Municipality of Rome should have assessed the documents submitted by the applicant after his 19th birthday and only at the end of the preliminary investigation should it have decided on the same.

The ruling is also interesting for the confirmation of the reconstruction of the concept of residence not as registration in the registry office nor as possession of a residence permit.

Court of Milan, 9 June 2021

The Civil Court of Milan - specialised section for International Protection - granted a residence permit for special protection - pursuant to art. 19.1 of the Legislative Decree no. 286/98 and art. 32 paragraph 3 of the Legislative Decree no. 25/2008 - to a citizen of El Salvador in light of the level of integration of the applicant in the national territory, as well as the presence of her entire family unit.

Prof. Avv. Paolo Iafrate

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