The foreign son of an Italian citizen, who has the opportunity to live together with the latter after the notification of the deportation order, can not be deported

Judge ruling: Cassazione Civile, Sezione Sesta, ordinanza del 10 luglio 2012, n. 11593

The trial judge was wrong in simply taking note of the date of the declaration of the parents leading to, just because it was later than that of the deportation order, the consequence of the absence of the impediment to the expulsion itself. He could have, however, still determined whether the willingness of the parents (not his sole declaration) to welcome the child already existed during the time of the decree, given that this affirmatively places the close proximity of the statement with respect to the decree and which, considering the terms of release and deportation made ​​by the applicant, there was no empirical evidence of a refusal on the part of the parents to accept the child, with the latter not having had the opportunity to return to their home. It may be inferred, therefore, that the requirement of cohabitation, art. 19, paragraph 2, letter c) of Legislative Decree no. N. 286/1998, cannot be ignored due to the forced termination of material cohabitation due to imprisonment, and that the temporary difficulties which have occurred and then overcome in the relationship between father and son cannot prevent the application of any provision for the protection of unity and family cohesion.


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