Two appeals are possible against a decision issued by the Territorial Commission. The first appeal is before one of the 26 civil courts which have chambers specialised in migration and international protection. These specialised chambers were established pursuant to Decree Law No 13/2017, as amended by Law No 46 of 13 April 2017. The same decree abolished the possibility of a second instance appeal on the merits before the courts of appeal. Only for appeals lodged before the entry into force of Law No 46 of 13 April 2017, a second appeal on the merits is examined before the court of appeal. Pursuant to Decree Law No 145 of 11 October 2024, as amended by the Law No 187 of 9 December 2024, the Court of Appeals is competent, from 11 January 2025, for the review of detention of asylum applicants and for appeals on the merits against decisions adopted by specialised sections with reference to the suspension of the effects of rejection decisions issued by Territorial Commissions, in case the automatic suspensive effect rule is not applicable.
In addition, it is always possible to lodge a cassation appeal before the Court of Cassation according to Article 111 of the Italian Constitution.
The appeal before civil courts covers a full examination of both facts and law and generally has an automatic suspensive effect, with some broad exceptions. The appeal before the Court of Cassation covers only legal and procedural aspects and does not have an automatic suspensive effect. In both levels of appeal, applicants must be represented by a lawyer with a power of attorney and may apply for legal aid to cover the costs of legal representation, subject to eligibility requirements.
The main legal instruments relevant for appeals in asylum matters are the following:
These norms must be read in conjunction with the Constitution of the Italian Republic, Legislative Decree No 160/2006 and the Royal Decree No 12 of 30 January 1941 (Law on the Judiciary) and the Code of Civil Procedure.