The Justice of the Peace of Naples ruled on the right to stay of a national from Peru, who lacked a legal basis for a regular stay in Italy until the application for asylum has been formalised. The Public Prosecutor brought an action against the applicant before the Justice of Peace of Naples for the offence provided by Legislative Decree No 286/1998, on grounds that the applicant entered and remained in the territory of the State in breach of the provisions concerning immigration rules and on the condition of a foreign national, as well as in breach of Article 1 of Law No 68/2007, since he did not have a legal title for staying in Italy. 

The Justice of Peace noted that in fact, that the applicant has been stopped for a check by the police on 31 May 2023 and found without documentation to verify his identity. The applicant presented himself to the police station the next day with his Peruvian passport. The applicant also presented the fact that he submitted a request for international protection by certified email to the Immigration Office of the Police Headquarters in Naples in February 2023, and despite a reminder sent on the 31 May 2023, the applicant did not receive an appointment from the authorities until the 28 June 2023. The Justice of Peace noted that the applicant was invited to present himself on 21 December 2023 at the offices of the Territorial Commission. 

In light of these circumstances, the Justice of the Peace of Naples decided not to take criminal legal action against the applicant. The applicant was recognised as an asylum seeker entitled to remain in the country pending a decision from the Territorial Commission for the recognition of international protection.

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