Italy - Tribunal of Palermo, 13 September 2018, R.G. no. 9994/2018

Country of Decision:
Country of Applicant:
Date of Decision:
13-09-2018
Citation:
R.G. no. 9994/2018
Court Name:
Tribunal of Palermo, Specialised Department of International Protection
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Headnote: 

Neither the omission nor the delay of the Immigration Office can deprive an asylum applicant of the right to obtain the rehearing of their legal status in case of a change in the circumstances in their country of origin. 

Facts: 

The case originates from the refusal by the Immigration Office (Questura di Palermo) to register a request for international protection request because it was not lodged with the competent authority and due to a change in the circumstances of the applicant’s country of origin (Mali).

Decision & Reasoning: 

Firstly, the Tribunal states that the rehearing request on the basis of a change in circumstances in Mali was effectively proposed by the applicant but the Immigration Office never started the procedures.

Secondly, the judge states that, in accordance to Article 6 of the Directive 2013/32/EU, Member States have to ensure that the registration of applications for international protection takes place no later than three working days after the applications are made. The time limit is up to six working days for applications made before national authorities that are not competent to proceed with the registration of the application under national law.

In addition, the Tribunal states that, in accordance to Article 3 of the D.Lgs. 25/2008, police forces do not have any discretional power on international protection applications; actually they must register the application and send it to the competent authority that is the only one in charge to verify the validity.

In conclusion, the omission or the delay of the police forces to register the application for international protection deprives the applicant of the opportunity to have a rehearing of his case and, consequently, his right to be officially recognised as qualified of International Protection. 

Outcome: 

Appeal granted.

Observations/Comments: 

This case summary was written by Laura Palazzetti.