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Italian rulings: emersion, citizenship, subsidiary protection

Justice of the Peace of Rome, order of 21 March 2022

Revocation of the expulsion decree following the positive conclusion of the emersion procedure

On 18 May 2020, an expulsion decree was issued by the Prefecture of Rome ordering the removal from the national territory of an irregular foreign citizen.

The applicant filed an objection to the decree, attaching an application for emersion from irregular employment under Article 103 co. 1 of Legislative Decree no. 34 of 19 May 2020. Subsequently, following the positive conclusion of the proceedings, the foreign citizen was regularised in the national territory, thus eliminating the conditions for expulsion.

The Justice of the Peace of Rome, having ascertained the situation, revoked the opposing decree and, following the change in the situation brought before the court, declared the matter in dispute to be closed.

Court of Naples, order of 2 March 2022

Granting Italian citizenship to a stateless minor

The Court of Naples granted Italian citizenship to a foreign citizen of age who had already been recognised as stateless and had been found in the national territory while still a minor, applying the particular hypothesis contained in paragraph 2 of Article 1 of Law 91/92 whereby "the child of unknown persons found in the territory of the Republic shall be considered a citizen by birth, unless the possession of another citizenship is proven".

The dispute arose from the refusal of the civil registrar of the municipality of San Giorgio to proceed with the registration under the aforementioned legislation; the District Attorney's Office itself, in entering an appearance, requested the rejection of the application, producing a note from the Central Director of the Department for Civil Liberties and Immigration that inferred the applicability of Article 1, paragraph 2, only in the case of a "newborn child" or "child not yet able to speak" found on national territory, without the possibility of tracing its State of origin.

The Judge upheld the application holding that: "The provision under consideration aims, therefore, like the one under sub-paragraph (b), to prevent the emergence of conditions of statelessness, a harbinger of significant vulnerability for the person. It ensures the implementation of this ratio by equating to the person who was actually born in Italy of unknown parents the person found on the national territory in a condition, obviously, of abandonment, who cannot offer useful elements to trace his citizenship, starting with those relating to his parents and the place where he was born".

Court of Genoa, decree of 22 April 2022

Ukraine - Subsidiary protection to the applicant resulting from indiscriminate violence in a situation of armed conflict

The Court of Genoa grants subsidiary protection under art. 14 lett. c) legislative decree no. 251/2007 to a Ukrainian citizen.

The Court's reasoning is very well argued and focuses on recent events since the day Russian troops invaded the country. It should be noted that it was the same Prosecutor who requested the granting of subsidiary protection since, "if the reasons for migration at the time of the application were, by the applicant's honest admission, exclusively economic, at present, given the armed conflict in Ukraine, subsidiary protection must be granted since the applicant, in the event of repatriation, would suffer the serious and individual threat to her life resulting from indiscriminate violence in a situation of internal or international armed conflict.

Prof. Avv. Paolo Iafrate

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