With a significant ruling announced today, the Ordinary Court of Rome (Immigration Section) annulled the decree rejecting the authorization for family reunification issued by the local government in Rome (Prefecture) against a non-EU citizen we assisted.
The decision of the local government was found to be unlawful, having been based on an abstract “snapshot” completely unrelated to the applicant’s current housing situation.
The core of the dispute concerned housing requirements. The local government, relying exclusively on data from the RIA portal, believed the accommodation was already full. However, in Court, it was proven that this data was not up to date and that the residence was perfectly suitable for housing the family unit.
The Rome Court’s decision is particularly significant as it emphasizes the constitutional and international nature of the right behind the request for nil objection, reaffirming that the right to family reunification is not an administrative concession, but a fundamental right guaranteed not only by the Italian Constitution but also by Article 8 of the ECHR (European Convention on Human Rights), which requires Member States to respect private and family life.
Despite opposition from the State Attorney General, the Court upheld our arguments, overcoming the procedural flaws raised by the Public Administration.
The ruling confirms that the protection of family unity must prevail over bureaucratic automatisms, guaranteeing the effectiveness of a fundamental human right: the right to family unity.
Stefano Cuomo is an International family law Attorney, shortlisted by the US and UK Embassies in Rome, among others. He collaborates with the law firm familylawitaly and is a member of the international association of Italian-speaking lawyers Italawyersinternational [email protected] – cell. +39 3385221487.