We would like to point out two interesting rulings on expulsion, registration and an interesting ministerial circular explaining special protection.
Decree Court of Rome 3 August 2021 n.47847/2021
The Court of Rome suspends the expulsion of a foreigner detained in (Centro di Permanenza Rimpatri - PR) in order to protect the best interests of his minor children.
The decree of 3 August intervenes on the administrative practice of deporting detainees at the end of their sentences, even when the offence committed dates back in time (in this case the offence had been committed 19 years earlier) and the convicted person has given proof of reintegration. This automatism is contrary to the principle of proportionality at least when the offence is long-standing and there is no recidivism. During the execution of the sentence, the foreign national has shown that he has reformed and there are other interests (e.g. the best interests of minor children) that must prevail in the absence of the actual danger to public order.
Revocation of the decree of expulsion of an asylum seeker due to serious deficiencies in the health system of the foreign national's country
On 5 August, the Justice of the Peace of Taranto cancelled a prefectural expulsion order against an asylum seeker whose case was dismissed due to serious deficiencies in the national health system of the foreign national's country of origin. In this case, the defence presented a certification attesting to the depressive and anxious state of the third-country national, as well as documenting the serious deficiencies of the Nigerian health system in relation to such pathologies, further burdened by the ongoing Covid 19 pandemic, therefore a repatriation would result in a very serious damage to the health of the foreign citizen.
Court of Venice Order no. 5926/2021 of 30 August 2021.
Registration of third-country nationals without residence permit cohabiting with Italian citizens
The Court of Venice, by order of 30 August 2021, referring to the European Union's EDU Convention (art. 8), the Council of Europe and Directive 38/2004/EC, ordered a Municipality of the Veneto Region to register in the registers of the resident population and to include in the family status of a third-country national who was living with an Italian citizen.
At the time of the application, which was refused by the municipality, the foreigner held a valid tourist visa. The applicant had demonstrated that he was actually living together and had an emotional relationship with the Italian citizen who had supported him in his visa application to the diplomatic-consular authority of the foreign national's country of origin. On that occasion, the cohabitants had signed and presented to the authorities a declaration of cohabitation and a cohabitation agreement pursuant to Law no. 76/2016.
Circular of the Ministry of the Interior - National Commission for the Right to Asylum of 19 July 2021
The Circular of the Ministry of the Interior - National Commission for the Right to Asylum - of 19 July 2021 in relation to Law no. 173/2020 (the so-called Lamorgese Decree) and special protection outlines important useful applicative indications, which implement some guidelines of the case law.
In particular, it clarifies the admissibility of applications to the competent Provincial Chief of Police for a residence permit for special protection, specifying at the same time the relevant procedures, forms and some limits of admissibility.
The Ministerial Directive intervenes with reference to the reiterated applications pursuant to art. 29 of the Legislative Decree no. 25/2008 and to the re-proposal of residence permit for special protection pursuant to art. 19, par. 1.2. of the Consolidated Act on Immigration.
The second point of the Circular dwells on the regime applicable to proceedings before Law Decree no. 113/2018, the third one provides some interpretative profiles on the prohibition of expulsion and rejection pursuant to art. 19, paragraph 1.1. of the TUI.
The fourth and last point address the issues on the permit for medical treatment pursuant to art. 19, paragraph 2 lett. d-bis), of the TUI.
Prof. Avv. Paolo Iafrate
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