Special Protection: Recognized to Safeguard the Fundamental Rights of Minor Children

An Albanian citizen filed an appeal with the Civil Division for Personal Rights and Immigration at the Ordinary Court of Rome, opposing the Viterbo Provincial Police Chief's rejection of her application for a residence permit on special protection grounds. This was based on Article 19 of Legislative Decree 286/98 and Article 32.3 of Legislative Decree 25/08.

After residing in Italy for two years and facing family difficulties, the applicant, along with her husband and their daughter born in Viterbo, returned to their home country to care for ill relatives.

They later re-entered Italy, where the applicant submitted a request for a residence permit under special protection provisions. This decision was driven by personal and family circumstances, as the family faced particularly challenging living conditions.

The Court, in granting the appeal and overturning the Police Chief's decision, explicitly acknowledged the applicant’s private life and family ties, noting that the family unit had become firmly established in Italy.

The Court based its decision on the difficult living conditions in Albania, as highlighted by numerous NGO reports, and the severe impact these conditions would have on the family if the applicant were forced to return.

Through this ruling, the Court aligned with the principles of the European Court of Human Rights, emphasizing:"Among the scenarios warranting non-expulsion for special protection is the case where the removal of a foreign citizen from national territory could result in a violation of their right to respect for private and family life, as well as a breach of constitutional or international obligations."”.

Regarding international obligations, the Court reaffirmed that, beyond Article 8 of the ECHR, a return to the home country—given the children's ages and their integration into Italian society—would cause significant harm and violate the principles enshrined in the 1989 New York Convention on the Rights of the Child. Such a return would also disrupt the cohesive family unit living in Italy and cause grave harm to the children.

This decision, which explicitly references these principles, mandates that the authorities prioritize the best interests of minor children when assessing the expulsion of a parent. It highlights the challenges tied to a parent's return to their country of origin and underscores the importance of considering the children's rights and well-being in such cases.