Caso studio: immigrazione

A Chinese client, during the renewal process for a residence permit for employment purposes, faced a rejection of their application issued by the Rome Police Commissioner. The rejection was based on a presumed risk to public safety, assessed ex ante and a priori, due to a previous criminal conviction. This conviction resulted in a one-year prison sentence, agreed upon under Article 444 et seq. of the Italian Criminal Procedure Code, for offenses of domestic abuse under Article 572 and aggravated personal injury under Articles 582 and 585, committed against family members. 

The client was represented by the Zofrea Law Firm, which provided comprehensive legal assistance, including:

Filing an appeal before the Regional Administrative Court with territorial jurisdiction, seeking the annulment of the denial. The firm’s defense focused on demonstrating that the rejection was based on unjustified assumptions, ensuring that the client’s rights were upheld throughout the legal process. This case highlights the firm’s commitment to navigating complex legal challenges to secure favorable outcomes for its clients. The rejection of the residence permit renewal was based on insufficient justification regarding the supposed social danger posed by the foreign applicant. In the appeal filed on behalf of our client, we challenged the automatic association, frequently observed in similar cases handled by our firm, between a foreign national’s criminal conviction and a presumed judgment of social danger. This judgment was applied automatically to offenses deemed obstructive under Italian law for issuing a residence permit.

Following the arguments presented in our defense, the Regional Administrative Court of Lazio (T.A.R. Lazio) recognized the lack of consideration for the applicant’s established ties to the national territory. The court annulled the rejection, fully upholding the merits of the arguments advanced by the Zofrea Law Firm.

After the favorable decision by the T.A.R. Lazio, our firm promptly arranged an appointment for the renewal of the residence permit for our client, a Chinese national. Based on the court ruling, the client was subsequently granted a residence permit for employment purposes, thus restoring a right that had been denied by the administrative authority due to an unjustified presumption.

This outcome highlights the Zofrea Law Firm’s commitment to every single case, ensuring that each client receives the protection of their rights. 

With our extensive experience in various branches of law and an in-depth understanding of foreign legal systems—including those of countries like China—we are well-positioned to assist in international contexts. Our aim is to protect our clients from potential violations of their rights, as demonstrated in this case.