Italy - Milan Court, 21 July 2011, No. RG 3313/2011

Country of Decision:
Country of Applicant:
Date of Decision:
21-07-2011
Citation:
No. RG 3313/2011
Court Name:
Milan Court
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Headnote: 

Pursuant to Article 30 (6) of Legislative Decree No. 286/1998, disputes concerning authorisations relating to family reunification should be excluded from the jurisdiction of administrative courts and should rather be dealt with by ordinary courts. According to judgment No. 1414/2010 of the Regional Administrative Court in Lazio, ordinary courts may be referred to not only in appeals against refusals to issue a family reunification authorisation, but also to pass autonomous judgments concerning entitlement to obtain authorisations or clearance for family reasons.

Facts: 

On 31.03.2010, an Eritrean national with refugee status submitted a request to the Milan Prefecture for a family reunification authorisation for her daughter, a minor born in Asmara (Eritrea). On 06.04.2011, she submitted an appeal against the lack of response from the Milan Prefecture to her family reunification request.

Decision & Reasoning: 

The Milan Court stated that the lack of response from the Public Administration to the request for an authorisation constituted a breach of individual rights that was sufficient to justify the matter being dealt with by an ordinary court. Thus, given that the conditions regarding family reunification laid out in Article 29 b of Legislative Decree No 286/1998 had been met, the Court declared that the requirements for family reunification had been fulfilled and had ordered a visa to enter Italy to be issued to the daughter of the Applicant even in the absence of a family reunification authorisation.

Outcome: 

Entry visa issued despite the absence of a family reunification authorisation.

Case Law Cited: 

Italy - Venice Regional Administrative Court, 14 May 2009, No. 1414

Italy - Lazio Regional Administrative Court, 02 April 2010, No. 5629

Italy - Lazio Regional Administrative Court, 02 February 2010, No. 1414