Protection / Humanitarian protection (including tolerated stay)

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) | Document type: Case Law | Topic(s): Humanitarian protection (including tolerated stay) - Immigration law - Right to seek asylum

20 September 2013 | Judicial Body: Italy: Italian Supreme Court (Corte Suprema di Cassazione) | Document type: Case Law | Topic(s): Anti-terrorism law - Denial of refugee status - Exclusion clauses - Extradition - Freedom from torture, inhuman and degrading treatment - Freedom of assembly and association - Human rights and fundamental freedoms - Humanitarian protection (including tolerated stay) - Non-refoulement - Opposition - Persecution based on political opinion - Political parties - Rule of law / Due process / Procedural fairness | Countries: Italy - Turkey