Italy’s Constitutional Court has delivered an important ruling for undocumented migrants living in the country. The court said an application under the 2020 emersione (sanatoria) programme cannot be rejected automatically merely because of an administrative alert in the Schengen Information System (SIS) arising from irregular entry or an expired visa.
In its ruling the court said the provision of immigration law under which applications were rejected solely on the basis of an administrative SIS alert is not consistent with the principles of equality and fairness set out in Italy’s constitution.
Under the new guidance, every application must now be examined individually. The final decision must take into account the applicant’s personal circumstances, employment, the reality of their residence in Italy and public-safety considerations. An application cannot be rejected merely because of an administrative alert in SIS.
Many migrants living in Italy, including Bangladeshis, may benefit from the ruling — particularly those whose sanatoria applications were suspended or rejected on the basis of an SIS alert for irregular entry or an expired visa.
The court made clear, however, that the decision will not apply to people considered a threat to public safety or involved in serious crime, terrorism or drug trafficking. In such cases action will be taken under the existing law.
According to immigration experts, those whose sanatoria applications are still pending, or were rejected in the past for the same reason, may take steps to have their applications reconsidered on the advice of an experienced immigration lawyer.
বাংলায় মূল প্রতিবেদন পড়ুন · Read the original Bengali report