A Georgian national filed an appeal before the Tribunal of Rome to request the Police Office in Rome to formalise his application for international protection, claiming that owing to the conduct of the administration, he was unable to exercise the right to apply for asylum. 

The applicant arrived in Italy in May 2022 to avoid enlistment in the Georgian army. He tried to apply for asylum by going to the Immigration Office of the Rome Police in the early hours of the morning, sometimes even staying the night in front of the entrance gate, but his many attempts even in the presence of a lawyer had never been successful. 

In March 2023, the applicant obtained an appointment for 18 September 2023, and was given a copy of his passport on which the police headquarters had stamped and indicated on the day of the appointment, with the relevant signature of the official, which could constitute implicit evidence that the applicant could not be removed from the territory. However, it did not guarantee him access to fundamental rights related to the status of an asylum seeker.

The Tribunal of Rome upheld the appeal and ruled that the police are required to provide the necessary means to register the application within the time limits prescribed by law, and that the given appointment goes "well beyond the deadlines set by the legislation, with the consequent prolongation of the impossibility of accessing the reception system and all the benefits connected to the status of asylum seeker for many more months." As a result, the court ordered the Rome Police Office to formalise the receipt of the applicant's application for international protection within 6 days (extended to 16) after the date of the court ruling.

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