Court of Reggio Calabria, decree of 14 January 2022
Issue of residence permit for special protection to protect the right of inclusion of foreign citizens in the national territory.
The court of first instance recognised the special protection, particularly valuing the integration process carried out by the applicant in Italy pursuant to Law 173/2020.
"In the case at hand, the applicant left his country of origin in 2013, attempting a first settlement in Sudan and then in Libya, a territory that he was forced to leave due to issues related to insecurity and instability in the area, which is a known fact. The long and protracted absence from the country of origin, compared to the significant path of work integration started in Italy (as per the attached documentation, he has obtained a secondary school diploma, has carried out an internship, and has always worked with fixed-term contracts and, most recently, as a working partner in a cooperative) suggests a serious risk of compromising his private life in relation to the difficulties of reintegration that he might encounter in case of return, taking into account, on the one hand, the fact that he did not work in his country from which he has been absent for a very long time".
The Court expressly referred to the principles affirmed by the Court of Cassation in order no. 3705 of 12.02. 2021, according to which "the assessment of the risk, in case of return, of deprivation of the ownership and exercise of human rights, or their compromise below the core of the ineliminable constitutive statute of personal dignity, should not be conducted in abstract terms, but in concrete terms, taking as a starting point of the comparison procedure the level of integration that the foreign citizen has actually achieved in Italy, under the various social, work and family profiles. There is, in fact, a relationship of inverse proportionality between the two branches of the single logical assessment procedure, in the sense that the stronger the applicant's roots in Italy, the less a funditus appreciation of the condition existing in the country of origin is required, which is directly related to the individual situation of the applicant himself, It must be assumed that the mere significant difference between the two contexts may expose the applicant to the serious risk of seeing his/her standard of living compromised, and with it, the level of protection of his/her fundamental rights, which he/she has been able to achieve through the integration process in the host country and which, therefore, he/she is entitled to maintain".
Court of Venice, decree of 3 February 2022
The Court of Venice, acknowledged the right to special protection of a Nigerian citizen, stressing that such recognition must occur in cases where there are situations worthy of protection for reasons, even atypical, related to the protection of the rights provided for in Article 2 of the Constitution.
In particular, the Court of First Instance considers preeminent, in addition to the young age of the applicant, the evident uprooting from her country of origin, from which she has been estranged for more than five years. Moreover, the applicant, in Italy, has built her own family unit, consisting of her partner, who holds a regular residence permit, and her two minor children. The Court values family unity and the possibility of playing the parental role of the applicant, considering them primary, fundamental and inviolable legal situations.
Moreover, given the existence of humanitarian reasons that require the granting of a residence permit pursuant to art. 19 paragraph 2 letter C of Legislative Decree no. 286/1998, the Court, comparing the situations in the two countries, sees a real and unbridgeable disproportion between the contexts of life in the enjoyment of fundamental rights that would make repatriation harmful under Article 8 ECHR.
The applicant also has a good knowledge of the Italian language, has undertaken training courses and signed a domestic work contract, which was interrupted due to her second pregnancy. On this point, the College recalls Order no. 3320/2021, in which the Supreme Court stated that the applicant's level of integration cannot be understood as the need for full and radical integration into the social and cultural context of the host country, but rather in terms of any appreciable effort to integrate into the local reality.
Prof. Avv. Paolo Iafrate
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