An applicant for international protection appealed before the Tribunal of Bologna against the Questura and the Prefecture of Parma, claiming that his right to formally register his application was not respected and that he was thus not issued  a residence permit for the status of  asylum applicant. The applicant explained that he  have expressed his wish to apply for international protection to the Questura, but then he failed to formally register his application and to access the reception system because he was lacking documentation attesting his place of residence in Italy. Recalling the Article 4 of Legislative Decree 142/2015, the applicant argued that it was not legitimate to subordinate the access to asylum and reception systems to different documentation other than what it is required by law.

The Questura argued that the applicant has irregularly entered the country without making an application for international protection at the borders and only once in the territory and without an accommodation he presented the application, allegedly against the provisions of art.26 of legislative decree 25/2008.

In its decision, the Tribunal of Bologna highlighted that the appeal of the applicant referred to the right of formal registration of an application for international protection and the issuance of the related residence permit, as well as to the access to the reception system and not to the right to benefit of international protection. The Tribunal stated that without the formal registration of the application by the Questura, the applicant could not access the asylum and reception systems.

The Tribunal recalled that  Article 26 of the Legislative Decree 25/2008, finding illegitimate the Questura of Parma’s request to indicate the applicant’s residence place, and mentioned also Article 8 of the Legislative Decree 142/2015, which provides that  the access to reception system is granted to asylum seekers in need of an accommodation in the national system for reception and integration (SAI) or in case of lack of places in temporary reception centres. Considering the CJEU judgement  Zubair Haqbin (Afghanistan) v Belgium, Federal agency for the reception of asylum seekers (Federaal Agentschap voor de opvang van asielzoekers),  case C-233/18, the Tribunal concluded that in the present case the Prefecture has not complied with its obligation to guarantee to an asylum seekers the right for a dignified standard of living and access to health system. 

Based on these considerations, the Tribunal ordered to the Questura and the Prefecture to respect the rights of the applicant by providing access to formal registration of  his application, to issue of a residence permit for asylum seekers and to provide access to the reception system.

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