Negative result of the istance of recognition of international protectional.
In case of negative result of the istance of the recognition of international protectional, one may ask a re-examination instance
This request can be done only in case of new elements or documents not available before.
It is also possible (for those not held at a centre) to send a reassessment request to the commission that examined the application if one believes that important elements were not taken into consideration or became available later on. Meanwhile is necessary to make an appeal to remain in Italy.
The appeal has to be made to an ordinary Court. The competent Court is the one at the Court of Appeal’s main town district where the Territorial Commission is located.
The appeal blocks the procedure of expulsion, but the recent normative modifications preview numerous exceptions:
those who received a denial following the audition where they were not present;
those applicants whose request was rejected for groundlessness;
those who had been transferred in CARA because of irregular presence or to a CIE.
The claimant may ask the Court, at the moment of appeal, the suspension of the measure for serious and well-founded reasons.
The appeal limits previewed by the law are 30 days. After the appeal the law disposes the issuing of a asylum request permit.
For the applicants held on CIE or CARA the limits for the appeal are 15 days.
The applicant has the right – if subsists income requisitions – to free patronage at the expense of the State. The income may be self-certified, without turning to documentation that normally must be requested to the origin country Embassy.
The appeal may be done also in case of status retraction measure.
First assistance contribution
In case of reception places unavailability will be supplied, upon request, an economic contribution with an amount established by the Ministry of the Interior.