The applicant is a national of Nigeria and mother of a child born in Italy on 9 May 2019. Her request  to renew her residence permit for humanitarian protection was dismissed by the competent authority (Questore di Taranto) on 4 December 2019 and she was notified of the negative decision  on 9December 2019. The applicant appealed the decision and, on 10 February 2021, the Court of Lecce issued a decree allowing the appeal and granted her a permit for special protection (“protezione speciale”) .
The Court applied the Law Decree no. 130 of 21 October 2020, converted into Law no. 173 of 18 December 2020. The Court  firstly reaffirmed the central importance of the comparative assessment between the degree of social integration in Italy and the subjective and objective situation of the applicant in the country of origin. It was then held that the new law, by reintroducing in par. 6 of art. 5 of the Legislative Decree no. 286/1998 the sentence "subject to compliance with constitutional and international obligations of the Italian State" and by replacing par. 1.1. of article 19 of the same legislative decree, is de facto restoring the old humanitarian protection, strengthening its application, and clarifying its requirements as established over the last decade by most of the courtswith the endorsement of the Supreme Court.
In the case at hand, the new element introduced when applying for the renewal of her residence permit was the birth of the applicant’s child on Italian territory in 2019. The Court of Lecce noted that, with sentence no. 376 of 27 July 2000, the Constitutional Court declared the constitutional illegitimacy of art. 17, par. 2, letter d) of Law no. 40/1998, now substituted by art. 19, par. 2, letter d) of Legislative Decree no. 286/1998, and particularly the provision not to  extend the prohibition of expulsion to the cohabiting husband of a woman that is pregnant or in the first six months following the birth of her child. Taking that ruling into account, the Court of Lecce held that the minor child has the right to be protected according to the UN Convention on the Rights of the Child and his/her interests always have to be recognised as prevalent and superior. Since it is important to protect children's right to biparental care, it is crucial to allow the regular permanence of both parents on the territory of the State.
The Court concluded that – taking into account the personal circumstances of the applicant, the situation in her country of origin, her good behaviour under the Italian law, the extent of her integration in Italy and her status of regular worker – the applicant has the right to a residence permit for special protection (“protezione speciale”) pursuant to article 19 par. 1 and 1.1 and art. 5 par. 6 of Legislative Decree no. 286/1998 and art. 32 par. ter of Legislative Decree no. 25/2008.