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21/01/2022

IT: The Tribunal of Rome suspended an expulsion order on the basis of family links.

The Tribunal of Rome ruled in a case regarding an Albanese citizen who was issued an order of expulsion. The judge considered the family links of the applicant in the Italian territory, whose wife and two children under 18 years old are based in the country ruled to suspend the expulsion order during the pending judgment on family unity, consisting of a request for authorisation of stay of the father of a foreign child. The Tribunal noted that the family links could imply serious risks if the father was separated from his children and contradict the best interest of the child.

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21/01/2022

IT: The Regional Administrative Tribunal of Sicily ruled that access should be granted to ASGI and other organisations providing support to asylum applicants in the Hotspot of Lampedusa.

The appeal was filed by the Association for Juridical Studies on Immigration (ASGI) after requesting entrance into the Lampedusa Hotspot and being denied by the administration, based on the negative opinion of the Ministry of Interior. The opinion states that the entry into the Hotspot is limited to access for reasons linked to the correct administration of the structure, and this is granted by the presence of international organisations such as UNHCR, IOM and EASO and other organisations with specific mandates and projects. On appeal, ASGI stated that the procedures followed in the Hot Spots are based on SOP aimed at providing some general guidelines that have an organisational aim rather than a normative one. Access to the centres can only be limited for reasons of security and public order, and in any case, it can be limited but not denied completely.

The Regional Administrative Tribunal of Sicily noted that the right to access reception or other centres such as the Hotspot needs to be guaranteed mainly to ensure the right of the applicant for international protection to contact UNHCR or another trusted organisation at any stage of the asylum procedure. In this sense, it is not possible to doubt the role of ASGI as such an organisation as it has been registered since 16 September 2005 in the Registry of the entities and association carrying out activities in support of migrants. Additionally, the Tribunal considered that the access of the organisation could only be postponed if there were reasons of security and public order, and not completely denied. Therefore, the Tribunal accepted the appeal as well-founded.

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