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Special protection: presence since 2017, good inclusion justify recognition

Court of L'Aquila, decree of 31 May 2022

Special protection: presence in Italy since 2017, good inclusion and network of social relations justify recognition

The judge of the Court of L'Aquila recognised to a Nigerian citizen the residence permit for special protection referred to in Article 32, paragraph 3 of Legislative Decree no. 25/2008, regardless of the assessment of the subjective and objective conditions of the applicant in the country of origin.

The College grounds its decision on the assumption that the applicant has been present on Italian territory since 2017, a sufficiently long time to create a new network of social relations as well as to forge an effective link with the territory of the host country. During this period of time, he has shown that he has been perfectly integrated into the national territory; he has always worked with continuity, as can be seen from his work contracts; he has a family relationship in Italy; and he was registered in the 2017/2018 amateur Serie A1 championship.

Ultimately, he has shown a willingness to integrate in our country in many respects. In the light of all that has been clarified so far, "the College considers that a possible repatriation of the applicant to Nigeria would abruptly interrupt the fruitful path of integration completed so far and would considerably aggravate the position of vulnerability in which the applicant already finds himself, placing himself in open contrast with that right to the protection of private, social and family life, guaranteed and recognised by domestic and international sources".

Prof. Avv. Paolo Iafrate

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