Skip Ribbon Commands
Skip to main content
09/05/2023
IT: The Tribunal of Milan upheld an appeal lodged by an Egyptian national who had been unable to make an appointment to register his application for international protection, and ordered the Police Office of Milan to proceed with the receipt of the application.

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
Revised Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) and/or APD 2005/85/CE; Revised Reception Conditions Directive (Directive 2013/33/EU laying down standards for the reception of applicants for international protection) and/or RCD 2003/9/CE
Reference
Italy, Civil Court [Tribunali], Applicant v Milan Police Headquarters, R.G. 8764/2023, 09 May 2023. 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=3368
Case history
Other information
Abstract

An Egyptian national who arrived in Italy in August 2022 had never managed to obtain an appointment through the "Easy Booking" system at the Police Office in Milan to submit his application for international protection, despite numerous attempts. 


The applicant filed an appeal before the Tribunal of Milan, requesting the court to order the Ministry of the Interior Police Office of Milan to arrange the immediate formal registration of his application for international protection by giving the applicant the requisite receipt of a provisional residence permit, and to take any other reasonable measures to prevent future prejudice on the applicant's behalf.


The appeal stated that the applicant's substantive inability to formalise his application for international protection has resulted in a infringement of the absolute right recognised by Article 10(3) of the Constitution, as well as national legislation governing access to international protection, Community law, and Article 6 of the Asylum Procedures Directive. The appeal further claimed that applicant's irregular status has forced him to live underground and expose him to the potential irreparable risk of repatriation to his country of origin, as well as preventing him from accessing the most basic forms of assistance and any opportunity for integration.


The applicant submitted screenshots of the computer, which appear to show that the several appointment requests were unsuccessful. "At the moment, there is no availability of appointments, please try again later or contact the police headquarters, or the maximum threshold of requests has been reached," it said.


The Tribunal of Mian upheld the appeal and ordered the Police Office of Milan to proceed with the receipt of the Egyptian national’s application for international protection.


Note: to access the original judgment users must 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. 8764/2023
Date of Decision
09/05/2023
Country of Origin
Egypt
Keywords
Access to procedures
RETURN