WHO IS THE APPLICANT FOR INTERNATIONAL PROTECTION?
The applicant for international protection is a person who has applied for international protection and is expecting a decision on the recognition of refugee status or other kind of protection.
The application for international protection may be filed by any foreigner and in any time.
WHO IS REFUGEE?
Is someone who owing to a well-founded fear of being persecuted for reasons of
- race (for example, the color of the skin or for belonging to an ethnic group, to a tribe / community or to a minority group);
- religion (for example, because of professing or not professing a particular religion or for belonging to a particular religious group);
- nationality (for example, for belonging to a minority ethnic or linguistic group);
- membership of a particular social group (group of people who share a common characteristic or are perceived as a group by society based on, for example, sex, gender, sexual orientation, family, culture, education, occupation); or
- political opinion (for example, for political opinions, for political activities, for political opinions attributed to conscientious objection);
is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.
WHO IS THE HOLDER OF THE SUBSIDARY PROTECTION?
Any non-EU country national or stateless person who do not qualify for refugee status, but who ca not return to her/his country of origin due to a real risk of suffering serious harm (torture or inhuman or degrading treatment, death penalty or execution, serious individual threat to the life or person as result of indiscriminate violence) have the right to subsidiary protection.
WHAT IS THE PROCEDURE FOR THE RECOGNITION OF INTERNATIONAL PROTECTION?
1. The application for international protection should be made by the interested person and should be addressed to the Border Police or the Police Authority of the place of habitual residence.
2. Once the competent Police Authority receipt an application for international protection, the Police Authority need to call the applicant for exams, the so-called Eurodac system, in order to check whether the applicant has not previously made an application for international protection in another State of the European Union. The fingerprints are taken only to applicant for international protection over the age of 14 years.
3. When the Eurodac occurred, if the same is positive, the applicant for international protection must be sent to Unit Operation Dublin, which proceeds to repatriate him/her to the European country considered competent for his/her request for international protection.
4. If instead the Eurodac is negative, the Police Authority of the place of habitual residence of the applicant must convene the applicant for the compilation of model C3.
5. The C3 model must be compiled in the offices of the competent Police Authority in the presence of a linguistic mediator or interpreter. This model consists of a series of questions about the details of the applicant concern to personal data, family situation, the date on which he/she left his/her country of origin, date of entry in Italy, the reasons why he/she left the country of origin, vulnerabilities etc.
6. When the applicant for international protection have filled the model C3 he/she should receive a residence permit for request of international protection which is valid for six months, renewable till his/her application for international protection is not defined. This kind of residence permit allows the employment, after two mounts from the submission of the application for international protection, and allows the registration to the National Health Service.
7. For the completion of the application for the international protection, the applicant can write his/her own story of life in his/her own language to which, if possible, is important to attach all relevant documents as proof of his/her story of life. The story can be presented when applying for international protection, at the time of filling in the C3 or later, till the day of the audition in the Territorial Commission.
8. The last stage of the recognition of international protection is the hearing of the applicant in the Territorial Commission. The hearing must be made with the presence of an interpreter. If the applicant for international protection is assisted by a lawyer, the lawyer can participate in the hearing. Where it is necessary for the examination of the application, the Territorial Commission may consult experts about sanitary aspects, cultural aspects, religious aspects, gender aspects, or related to minors, and can consent medical examinations to ascertain the outcome of persecution or serious damage, or can require the translation of documents produced by the applicant. The applicant for international protection can also make medical examinations at his own expense, if they have not been arranged by the Territorial Commission.
9. The hearing at the Territorial Commission can be registered. In this case, the registration must be transcribe and the transcript must be sent to the applicant for international protection and to his/her lawyer, in case the applicant has lawyer. The applicant for international protection must receive a copy of the memorandum of the statements made during the hearing and he/she has right to make observations to it.
10. The decision of the Territorial Commission should be notified to the applicant for international protection in the place of his/her of habitual residence or in the center in wich the applicant is welcomed.
WHICH IS THE COMPETENT AUTHORITY FOR THE VARIOUS STEPS OF THE PROCEDURE FOR REQUESTING INTERNATIONAL PROTECTION?
The Border Police or the Police Authority in the place of residence – for receipt of application
The Territorial Committee – for the decision of the question
The Unit Operation Dublin – for Dublin cases
THE RESIDENCE PERMIT FOR INTERNATIONAL PROTECTION
A) The residence permit for refugee status
- is valid for 5 years
- is renewable;
- allows access to the study and to the professional training;
- allows access to the employment (or to the self-employment);
- provides access to public employment;
- allows the registration to the National Health Service;
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allows the registration of the civil registry;
- allows to enjoy the welfare benefits (social allowance, pension for disability, maternity allowance and family allowance);
- allows family reunification. Holder of refugee status can apply for family reunification for the same family members and in the same way as the citizens of third countries, with the difference that the holder of refugee status is not required to demonstrate income and housing requirements.
Holders of a residence permit for political asylum can request a residence permit EU for long-term residents.
B) The residence permit for subsidiary protection
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is valid for 5 years;
-
is renewable, subject to verification of current causes that allowed the issuance of it;
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at the moment of renewal, the permit can be converted into a residence permit for employment or self-employment. The conversion, however, involves the renunciation of the status of subsidiary protection;
-
allows access to the study and to the professional training;
-
allows access to the employment (or to the self-employment);
-
allows the registration to the National Health Service;
- allows the registration of the civil registry;
-
allows to enjoy the welfare benefits (social allowance, pension for disability, maternity allowance and family allowance);
-
allows family reunification. Holder of subsidiary protection can apply for family reunification for the same family members and in the same way as the citizens of third countries, with the difference that the holder of subsidiary protection is not required to demonstrate income and housing requirements.
Holders of a residence permit for subsidiary protection can request a residence permit EU for long-term residents.
TRAVEL DOCUMENT
The refugee, who does not have a passport, has right to receive, in addition to a residence permit, a travel document which is equivalent to a passport.
When there are valid reasons that do not allow to the holder of subsidiary protection status to apply for diplomatic passports to the authorities of the country of citizenship, the Italian Authority shall concerned to the holder of subsidiary protection a travel document.
WHAT TO DO IN CASE OF REJECTION OF THE APPLICATION FOR INTERNATIONAL PROTECTION?
The rejection of the application for the international protection may be appealed to the Ordinary Court, Specialized Section on Immigration, International Protection and Free Movement of EU Citizens, which has its headquarters in the capital district of the Court of Appeals, in which is the Territorial Committee or the center in which the applicant is welcomed, within 15 or within 30 days from the notification of the rejection act.
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Miss. Ivana Stojanova, Barrister in Bologna, provides legal assistance on issues related to the international protection:
– Possibility or not to apply for international protection
– Choice of documents to be submitted with the application for international protection
– Assistance in the submission of the application for international protection
– Assistance in the preparation of personal memory
– What to do in case of rejection of the application for international protection
