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04/02/2021
IT: The Council of State confirmed the withdrawal of reception conditions for an applicant involved in serious acts contrary to the public interest.

ECLI
Input Provided By
EUAA Reception Network
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
Italy, Council of State [Consiglio di Stato], Ministero dell'Interno, Commissariato del Governo per la Provincia Autonoma di Bolzano v Applicant, N. 01138/2021REG.PROV.COLL. N. 05611/2020 REG.RIC. , 04 February 2021. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1788
Case history
Other information
Abstract

The reception conditions of an applicant for asylum were withdrawn due to multiple violations of the internal regulations of the reception centre and also because the applicant was caught with a significant amount of cocaine and money allegedly earned selling that drug, for which a parallel criminal investigation against the applicant was opened.


The applicant contested the withdrawal decision before the administrative court which annulled the revocation decision due to the fact that the applicant was not informed on the initiation of the procedure. The court stated that the ground of urgency for specific danger to the public safety the applicant may pose, was not satisfied to substantiate the omission of that information to the person involved.


The Ministry of the Interior appealed further, and the Council of State allowed the appeal as well founded. The Council found that the revocation decision was well reasoned since the facts related to the drug dealing was not contested and the applicant did not provide any evidence in his defense. The Council added also that the serious act for which the applicant was convicted make his presence incompatible within the reception structure and thus the revocation of the reception measure can be considered lawful.


Country of Decision
Italy
Court Name
IT: Council of State [Consiglio di Stato]
Case Number
N. 01138/2021REG.PROV.COLL. N. 05611/2020 REG.RIC.
Date of Decision
04/02/2021
Country of Origin
Keywords
Reception/Accommodation