A Pakistani national appealed before the Regional Administrative Court of Molise against the revocation of reception measures ordered by the Prefect of Isernia. The applicant was assigned in the Extraordinary Reception Centre (C.A.S.) in Molise, following his arrival in Italy,  due to the temporarily exhausted availability of places within the centres due to substantial increase in the arrivals of applicants.

The applicant was removed from  the reception centre and the head of the Cooperative managing the C.A.S. in Molise communicated to the Prefecture of Isernia this event, and the Prefect of Isernia ordered the immediate revocation of the reception measure pursuant to articles 13 and 23 of Legislative Decree 142/2015. 

In the meantime, the applicant went to the C.A.S. in Liguria region on 22 April 2022, and formalised for the first time his intention to apply for reception measures based on his international protection application  as provided by Article 6 of Legislative Decree 142/2015. On the same date he was notified on the revocation of reception conditions against him ordered by the Prefect of Isernia.

The applicant appealed before the Regional Administrative Court, claiming a violation of Articles 13 and 23 of the Legislative Decree 142/2015, invoking lack of conditions for application of the contested measure. The applicant alleged a violation of proportionality and adequacy of motivation of the order of revocation. He also argued that the measure infringed Articles 3 and 7 of Law 241/1990. The applicant also claimed that the Prefecture failed to translate the documents into a language known to him. 

The Regional Administrative Court of Molise suspended the contested measure, noting that the order of revocation of reception conditions was issued before the inclusion in the international protection network. According to the facts presented, the tribunal noted that the applicant left the reception facilities, and that the administrative body has established the revocation of conditions measures as result of unjustified removal from reception conditions. From the overall examination of the Legislative Decree no 142/2015, the tribunal considered that the withdrawal of reception conditions was assumed in the absence of the conditions necessary to justify its adoption, with the consequent illegality of the contested measure.

The tribunal also noted that the first phase of the reception of an applicant for international protection is applicable from the moment of the manifestation of the will to request international protection according to Article 1 of Legislative Decree 142/2015.