The case concerned an unaccompanied minor who requested to convert his permit granted for minor age (by virture of Legislative Decree 286/1998 Consolidated act of provisions concerning regulations on immigration and rules about the conditions of aliens) to a work permit. The applicant's request was rejected and he appealed. The Council of State held that, when there are no sufficient elements to assume the social and civil integration of the applicant, he or she is required to provide additional information on schooling, professional training, social and civil behavior, family ties etc. Only in these cases the Quaestor is requested to assess the new elements, even if the TEU (italian immigration law) provision is not binding on the matter.

In the present case, the Council of State found that the the appeal was well founded, annuled the contested measure at first instance and referred the case back with an obligation on the administration to reassess the case in accordance with the principles set out above. In fact, the court found that the applicant submitted, by means of his legal capacity, documents proving her employment status thus proving a condition of considerable continuity of income.