Case Law

The legislation introduced with the d.l. n. 113 of 2018, converted into l. n. 132 of 2018, in the part in which it modified the pre-existing regulation of the residence permit for humanitarian reasons dictated by art. 5, paragraph 6, of the legislative decree n. 286 of 1998 and other consequential provisions, replacing it with the provision of special cases of residence permits, does not apply in relation to applications for recognition of a residence permit for humanitarian reasons proposed before entry into force (October 5, 2018) of the new law, which will therefore be scrutinized on the basis of the legislation existing at the time of their presentation.

1 March 2019 | Judicial Body: Italy: Italian Supreme Court (Corte Suprema di Cassazione) | Topic(s): Humanitarian protection (including tolerated stay) - Immigration law - Right to seek asylum

national protection (tolerated stay) granted in an EU Member State does not obstruct the assessment of an asylum claim by the court

3 April 2018 | Judicial Body: France: Cour nationale du droit d'asile | Topic(s): Humanitarian protection (including tolerated stay) | Countries: France - Poland - Russian Federation

14 February 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Effective remedy - Exhaustion of domestic remedies - Humanitarian protection (including tolerated stay) - Physical harm - Right to life - Security situation | Countries: Russian Federation - Syrian Arab Republic

15 June 2016 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Topic(s): 1951 Refugee Convention - Cessation clauses - EU Qualification Directive - Humanitarian protection (including tolerated stay) | Countries: Azerbaijan - Netherlands

10 December 2015 | Judicial Body: Canada: Supreme Court | Topic(s): Complementary forms of protection - Humanitarian protection (including tolerated stay) | Countries: Canada - Sri Lanka

24 February 2015 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Humanitarian protection (including tolerated stay) - Right to family life | Countries: Australia - Cambodia

11 February 2015 | Judicial Body: Australia: High Court | Topic(s): Administrative law - Appeal / Right to appeal - Arrival - Flight by land, air or sea - Humanitarian protection (including tolerated stay) - Migrants - Refugees - Visas | Countries: Australia

23 January 2015 | Judicial Body: Australia: Federal Court | Topic(s): Appeal / Right to appeal - Humanitarian protection (including tolerated stay) - Persecution on the basis of sexual orientation or gender identity - Visas | Countries: Australia - Namibia

16 October 2014 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Children's rights - Children-at-risk - Complementary forms of protection - Humanitarian protection (including tolerated stay) - Immigrants | Countries: India - Mauritius - United Kingdom of Great Britain and Northern Ireland

11 September 2014 | Judicial Body: Australia: High Court | Topic(s): Flight by land, air or sea - Humanitarian protection (including tolerated stay) - Illegal immigrants / Undocumented migrants - Immigration Detention - Visas | Countries: Australia