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Justice of the Peace of Milan and TAR on expulsions, 2020 regularization and proof of presence

Justice of the Peace of Milan, decree of 8 April 2022

According to the justice of the peace, administrative expulsions imposed on a date prior to the request for regularization pursuant to art. 103 D.L. 34/2020. The expulsion provision of 02/08/2020 adopted against the applicant is to be suspended and canceled by virtue of the subsequent request for regularization, presented on 14/08/2020, for which the applicant is to be considered legally residing in the territory of the state.

In fact, paragraph 16 of art. 103 of the D.L. N. 34/2020 that: "At the time of submitting the request, a certificate is delivered that allows the interested party to legitimately reside in the territory of the State until any communication from the Public Security Authority, to perform subordinate work, exclusively in sectors of activity referred to in paragraph 3, as well as to submit any application for conversion of the temporary residence permit into a residence permit for work reasons. ".

Paragraph 11 of art. 103 of the D.L. N. 34/2020 that: "From the date of entry into force of this decree until the conclusion of the proceedings referred to in paragraphs 1 and 2, criminal and administrative proceedings against the employer and the worker are suspended ... b) for illegal entry and stay in the national territory ... ".

Paragraph 17 of art. 103 of the D.L. N. 34/2020 that: "Pending the definition of the procedures referred to in this article, the alien cannot be expelled, except in the cases provided for in paragraph 10. In the cases referred to in paragraph 1, the signing of the residence contract together with the mandatory notification of employment referred to in paragraph 15 and the issue of the residence permit, for the employer and for the worker, the crimes and administrative offenses relating to the violations referred to in paragraph 11 will be extinguished. "

It should also be considered that, according to the provisions of paragraph 10 of art. 103 of the D.L. No. 34/2020: "Foreign citizens are not admitted to the procedures provided for in paragraphs 1 and 2 of this article: a) against whom an expulsion order has been issued pursuant to article 13, paragraphs 1 and 2, letter c) of the legislative decree 25 July 1998, n. 286, and of art. 3 of the decree-law 27 July 2005 n. 144, converted, with modifications, by law 31 July 2005, n. 155, and subsequent amendments. "

And therefore, having been the applicant drawn from an expulsion pursuant to art. 13 c. 4 and 5 of the T.U.I. the request for regularization of the same is to be considered absolutely admissible and having to consider himself legally resident by virtue of the same, the expulsion measure adopted against him must be suspended and then canceled

Regularization 2020 - The TAR on proof of presence in Italy

T.A.R. for Umbria, sentence no. 171 of 24 March 2022

The T.A.R. pronounces on the appeal on the subject of proof of presence in Italy prior to 8.3.2020, relevant for the purposes of the emergence of irregular work pursuant to Legislative Decree no. 34/2020 (so-called 2020 amnesty).

The sentence examines the money transfer receipts, the invoices of mobile telephone operators, the medical records of the emergency room.

T.A.R. della Campania, order no. 149 of 26 January 2022

The T.AR. Napoli granted the application for interim relief, agreeing with the defence arguments presented in the application. In fact, art. 6, par. 1 bis of the Legislative Decree no. 286/1998, referred to by the administration as the basis of the rejection measure, lists the types of residence permits that can be converted into residence permits for employment reasons, including the special protection permit and the residence permit for elective residence, while it does not expressly provide for a prohibition of conversion/release of residence permits for different reasons of elective residence, pursuant to art. 11 paragraph 1, c-quater, d.p.r. 31.08.1999, no. 394, in favour of the holder of a permit for special protection.

Prof. Avv. Paolo Iafrate

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