No deportation for late application for renewal of a residence permit, but only for lack of requirements

Judge Ruling: Cassazione Civile, Sezioni Unite, ordinanza del 10 settembre 2012, n. 15129

The appeal was upheld and, accordingly, it quashed the decision of the Justice of the Peace with dismissing the biased opposition. It is a well-established principle that the spontaneous submission of the application for renewal of a residence permit over a period of sixty days does not provide for automatic expulsion of foreigners,  for which the expulsion can be ordered only if the application has been rejected for lack of original or immediate requirements of the law for the foreigner’s stay in the national territory, while the delay in the presentation can constitute only a revealing clue in the context of an overall assessment faced by the person concerned. In the present case, it should also be made aware ​​of the application of a new and recent interpretative address that, except in cases where the language of foreigners is scarce and not easily recognizable throughout the country, the Interior Ministry shall prepare computerized texts of expulsion orders in foreign languages ​​most commonly spoken by foreign immigrants in such a way that, while guaranteeing the requirements of the rule of complex fast-track cases, ensures, however, genuine and immediate information to the foreigner to guarantee their rights.


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