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16/06/2022
IT: The Regional Administrative Tribunal of Veneto ruled that reception measures should be provided immediately after the will to apply for international protection is expressed by the applicant.

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Decision
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
Italy, Civil Court [Tribunali], Applicant v Ministry of Interior (Ministero dell'Interno), R.G. 508/2022, 16 June 2022. 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=2700
Case history
Other information
Abstract

In this case, an applicant from Mali applied for international protection in February 2022, declaring that he was not able to support himself and needed access to the reception system. In May 2022, he had still not received a reply on his request to access the reception system. In the appeal, is lawyer highlighted the obligation by law to immediately provide reception measures following an application for international protection, according to the Legislative Decree 142/2015.


The Regional Administrative Tribunal of Veneto noted that, even though the prefecture declared admissible the application for international protection on the 4th of May 2022, this did not affect the matter of the appeal as the applicant still has not received an answer with regards to reception measures, including an indication of the reception centre where he would be able to receive material reception conditions. The Tribunal upheld the appeal and declared unlawful the failure to act of the Administration with respect to the reception measures requested and ordered it to take an express decision within 30 days.


Note: to access the original judgment you will need to create an account on Meltingpot.org, the source indicated under 'Show more info'


Country of Decision
Italy
Court Name
IT: Civil Court [Tribunali]
Case Number
R.G. 508/2022
Date of Decision
16/06/2022
Country of Origin
Mali
Keywords
Reception/Accommodation
Source
Melting Pot