General information about the refusal to issue the residency permit in Italy

The foreigner who faced a rejection of the application for a residence permit, is entitled to the right to judicial protection, that is the possibility to appeal before a judicial body. Measures that affect the legal sphere of the foreigner and in particular on the ownership of his residence permit (refusal of the request for release or renewal and office cancellation) are reserved to the jurisdiction of the Administrative Judge (TAR).

The appeal must be presented, under penalty of forfeiture, within 60 days from notification of the provision. If the police office does not decide on the application for the issue or renewal of the residence permit in accordance with the law, the administrative judge may still be appealed against the silence of the public administration.

The territorial jurisdiction to decide the appeal is that of the place where the Police office, which has adopted the contested provision, is located.

As clarified by the jurisprudence, the dispute over the denial of the residence permit, as well as that on the revocation or cancellation of the same, concerns the legitimacy of the act to be verified on the basis of the results of documents examination made by the administration, without prejudice to the application of any supervening norm that may cause the impediment to the renewal to cease.

The Administrative judge (TAR) is not competent to rule on disputes relating to the residence permit for family reasons, for which the ordinary Judge has the jurisdiction according to the new discipline of the ordinary trial.

How can I appeal against the refusal to issue my Italian residency permit and which is the competent Court?

The appeal must be presented, under penalty of forfeiture, within 60 days from notification of the provision. If the police office does not decide on the application for the issue or renewal of the residence permit in accordance with the law, the administrative judge may still be appealed against the silence of the public administration. The territorial jurisdiction to decide the appeal is that of the place where the Police office, which has adopted a denial of residence permit or revocation or cancellation of the same, is located. The judgment will focus on the legitimacy of the act on the basis of the results of the proceedings at the time the act was adopted, taking into account only the documents that the administration has evaluated, without prejudice to the application of supervening provisions that make the due to the contested refusal provision. On the other hand, there is the jurisdiction of the ordinary judge for disputes concerning the residence permit for family reasons.

 

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