An Egyptian national requested the Tribunal of Milan to order the Questura of Milano to formally register his application for international protection and to proceed to  the issuance of the related temporary residence permit. The applicant claimed that he presented himself multiple times to the offices of the Milan Police Headquarters manifesting his the wish to seek protection but he failed to access the premises and obtain the registration of his application.

The applicant was summoned for identification at the Milan Police HQ (Questura) on 14 March 2023 but failed to lodge his application due to the lack of passport or any equivalent document to verify his identity and to certify his residence. Additionally, the Questura of Milano argued not to have competence to register the application since the applicant was hosted in a reception centre in another region, municipality of Asti.

The Tribunal of Milan ruled based on  Article 3 and Article 26 of the Legislative Decree no. 25/2008, Article 6 of the recast APD and Article 10 of the Italian Constitution, argued that the intention to apply for international protection can be expressed either at the border police office or within the territory at the competent Immigration office of the Police (Questura) depending on the applicant's place of residence. The tribunal stated that the Questura is called to receive the request for protection in view of the mere manifestation of the wish of the third country national to have access to the procedure for international protection, without asking proof of the existence of unnecessary evidence or other obligations which are not provided by the applicable legislation. The tribunal also pointed out the periculum in mora, namely that the applicant, without having registered his application and having the status of asylum applicant, is exposed  to deportation due to his irregular entry in the territory. 

The tribunal ordered  the Questura of Milano to proceed with the registration of his application according to Article 26 of the Legislative Decree.