INTERNATIONAL PROTECTION

INTERNATIONAL PROTECTION

The institution of international protection was introduced into European Union legislation by Directive 2004/83/EC, implemented in Italy by Legislative Decree 251/ 2007, subsequently amended by Directive 2011/95/EU, implemented in Italy by Legislative Decree 18/2014.

International protection includes refugee status and subsidiary protection.

REFUGEE STATUS

Lo refugee status is recognised under the Geneva Convention of 28 July 1951 relating to the status of refugees. The Geneva Convention was ratified in Italy by Law 722 of 24 July 1954.

A refugee is defined in Article 1 of the Geneva Convention as one who "having a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his or her nationality and is unable or unwilling, owing to this fear, to avail himself or herself of the protection of that country; or who, not having a nationality and being outside the country of his or her habitual residence as a result of such events, is unable or unwilling to return to it owing to the aforementioned fear".

SUBSIDIARY PROTECTION

According to Directive 2011/95/EU, a third country national or stateless person who does not qualify as a refugee but in respect of whom there are serious reasons for considering that, if he or she were to return to his or her country of origin, or, in the case of a stateless person, to his or her country of former habitual residence, he or she would face a real risk of suffering serious harm and is unable or, owing to such risk, unwilling to avail himself or herself of the protection of that country, is eligible for subsidiary protection.

Serious harm is defined as: death sentence or execution, torture or other inhuman or degrading treatment or punishment, serious and individual threat to the life or person of a civilian arising from indiscriminate violence in a situation of internal or international armed conflict.

RESIDENCE PERMIT FOR SPECIAL PROTECTION

Article 19, par. 1.2. of Legislative Decree no. 286/98 (Consolidated Act on Immigration), recently introduced by Law Decree no. 130/2020 (converted into Law no. 173/2020), provides that in case of rejection of the application for international protection, a residence permit for special protection can be issued in the following cases:

• if the applicant may be subject to persecution in his/her country of origin on account of his/her race, sex, sexual orientation, gender identity, language, nationality, religion, political opinion, personal or social condition or may be at risk of being returned to another country where he/she is not protected from persecution;
• if there are substantial grounds for believing that the applicant would be at risk of being subjected to torture or inhuman or degrading treatment in his or her country of origin. The assessment of such grounds shall also take into account the existence of systematic and gross violations of human rights in that country;
• if there are reasonable grounds for believing that the removal of the applicant from Italian territory would result in a violation of the right to respect for his private and family life, unless the removal is necessary for reasons of national security, public order and safety, and health protection in accordance with the Geneva Convention relating to the Status of Refugees. In assessing the risk of violation of the right to respect for private and family life, account shall be taken of the nature and effectiveness of the applicant's family ties, his effective social integration in Italy, the duration of his stay in Italian territory, and the existence of family, cultural or social ties with his country of origin.