An Iraqi national requested international protection and requested to be admitted to the reception system in particular on basis of ex Decree law. no. 142/2015 because he lacked means of subsistence. The Questura of Brescia rejected the application for access to reception conditions and highlighted "the emergency due to the exponential increase in migrant arrivals, the emergency related to the humanitarian corridors coming from Afghanistan" as well as "the increase in Covid-19 virus-positive clients present in reception centres" and the need to have to ensure quarantine periods for new asylum seekers assigned to the centers.

The applicant appealed against the decision before the Tribunal of Brescia claiming violation of Articles 7 and 3 Law241 of 1990, for lack of preliminary investigation and motivation, as well as violation of Articles 14, 9 co. 4bis and 11 of Legislative Decree No. 142/2015 and Article 17 of  the recast Reception Conditions Directive which provides that asylum seekers must be ensured an adequate quality of life that guarantees the livelihood of applicants and protects their physical and mental health. The Regional Administrative Tribunal of Brescia reiterated that the Legislative Decree No. 142/2015 provides in Article 14 that "the applicant who has formalized the application and who is found to lack sufficient means to ensure an adequate quality of life for his or her own sustenance and that of his or her family members, has access, with family members, to the reception measures of this decree."

The Regional Administrative Tribunal allowed the appeal, annulled the contested act and ordered the administration to provide access of the applicant to the reception measures provided for by Legislative Decree No. 142/2015.