National protection statuses and return procedure

Italy

Country Report: National protection statuses and return procedure Last updated: 04/09/25

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National forms of protection

The national protection called humanitarian protection was abolished by Decree Law 113/2018 by repealing the provision of the TUI concerning the issuance of a residence permit on serious grounds, in particular of a humanitarian nature or resulting from constitutional or international obligations of the Italian State.[1]

However, humanitarian protection status has been replaced by special protection which can be recognised when some grounds of expulsion bans ruled by Article 19 TUI apply and on the base of the provision – reintroduced by Decree Law 130/2020 in Article 5 (6) of TUI – concerning the obligation to consider, before rejecting a permit to stay, constitutional and international obligations of the Italian State.[2]

Following the 2023 reform through Law 50/2023, special protection covers cases where people cannot be expelled or refouled as they risk being persecuted for reasons of race, sex, sexual orientation and gender identity, language, citizenship, religion, political opinions, personal or social conditions, or may risk being sent back to another country where they are not protected from persecution.[3]

It also covers cases where a person risks being sent to a country where there are reasonable grounds to believe that they risk being subjected to torture or inhuman or degrading treatments or if they fulfil the conditions set out in constitutional or international obligations referred to in Article 5 (6) TUI. In evaluating these reasons, the existence of systematic and serious violations of human rights in destination State is also taken into account.[4]

Significantly, the decree law 20 of 10 March 2023, converted with amendments into Law 50 of 5 May 2023, cancelled the possibility to directly request this kind of permit to a Questura and to consider, in releasing such permits to stay, if there are good reasons to believe that the removal from the national territory involves a violation of the right to respect for his private and family life, unless that it is necessary for national security reasons, public order and safety as well as health protection.[5] Even if the amendment does not exclude the application of international and European guarantees, such as the application of Article 8 of ECHR, the new wording of the law has already lead, according to ASGI monitoring, to a significative limitation in the number of cases in which this form of protection is recognised.[6] This was confirmed by the practice in 2024, as observed by ASGI.

Additionally, the Dl 20/2023 and the conversion L. 50/2023 changed the provisions related to the renewal of this permit. These permits are still to be granted for two years and they are renewable but, according to the new law, beneficiaries are not able to transform them in work permits (see Residence Permit).[7]

The new provisions however do not apply to the procedures already pending as of 6 May 2023. [8] The law also specifies that those titles which had already been delivered at the time of entry into force of the Law 50/2023 directly from Questura would be renewed only once for a duration of one year. The law also specifies that they can be changed into work permits.[9]

However, during 2023 and still in early 2024, Questure denied the possibility to change special protection permits into work permits, declaring all the requests inadmissible because Article 6 TUI does not allow for the change anymore for those special protection permits issued by decision of Territorial Commissions as a result of an international protection request.[10]

Many Courts, both ordinary and administrative, upheld appeals filed in this regard, ruling that the transitional rule provided by Article 7 (3) DL 20/2023 has to be applied uniformly, with no admissible difference between special protection permits issued directly by Questure and those issued by decision of Territorial Commissions, as the legal provision for their issuance is the same.

Recalling the transitory provision of Article 7 (3) DL 20/2023, by decision of 22 November 2023, the Administrative Court for Campania region upheld the interim request to suspend the effects of the rejection notified to an applicant by the Questura of Naples.[11] The Administrative Court for Tuscany region[12] and the Administrative Court for Piedmont[13] region also decided in the same way. Some other administrative Courts, such as the one for Marche region[14] and Friuli Venezia Giulia Region,[15] instead of deciding only on the interim request, decided to uphold the entire appeal.

According to Article 32 (3) of the Procedure Decree, in cases where the international protection is rejected and the conditions set out in article 19, paragraphs 1 and 1.1 TUI are met, the Territorial Commission transmits the documents to the Questura for the issue of a two-years residence permit for “special protection”.

Even though the law does no longer expressly allow to present a request for special protection directly to Questure (without it being necessarily connected to the international protection procedure), some Civil Courts have upheld the appeals submitted by applicants to obtain this possibility:

  • the Court of Florence, with an interim decision issued on 10 October 2024 underlined that “the suppression of the provisions relating to the issuance of the residence permit for protection special by the Police Commissioner, cannot lead to the suppression of the duty of the public authorities to receive and consider applications for complementary protection, fixed moreover by supreme norms of constitutional and international rank. Consequently, the court ordered the Questura of Pistoia to set an appointment to formalize the application for requesting a permit of stay for special protection pursuant to art. 19 TUI.[16]
  • The Civil Court of Catanzaro on 12 March 2025 (and similarly in other decision issued on 10 March 2025) accepted the appeals submitted by two applicants and ordered the Questura of Cosenza to immediately give the appellant an appointment aimed at formalizing the application for special protection pursuant to art. 19, co. 1 and 1.1., T.U. Imm., followed by the recognition of the right to obtain a temporary residence permit.[17]
  • The Civil Court of Bari, with an interim decision issued on 11 April 2025, ordered the Questura of Bari to receive and register the application for special protection within 10 days of the decision.[18]

According to the Procedure Decree, the Territorial Commission, while rejecting the international protection, can:

  • recommend the competent Questura to issue a permit for health reasons when conditions provided by Article 19 (2 d bis) TUI – as amended by L. 50/2023 – are met. Law 50/2023 has restricted the possibilities of obtaining this type of permit, providing that it can be issued in case of health conditions deriving from particularly serious pathologies (as before) but adding as a condition the inadequacy of treatment in the country of origin. The pathology has to cause significant damage to the health of the applicant, in case of return to the country of origin or provenance. [19] The health conditions must be ascertained through suitable documentation issued by a public health facility or by a doctor of the National Health Service. The duration of health permits is linked to the time certified by the health certification, in any case not exceeding one year. They are renewable but not convertible into a work permit to stay. They are valid only on the national territory.
  • inform the Public Prosecutor at the Juvenile Court to activate the procedure to release a permit to stay to the family members of minors to assist the minors.[20] In case the residence permit is released, it has the duration decided by the Juvenile Court but not exceeding the age of majority of the minor. It can be renewed starting a new procedure before the same Court and can be converted into a work permit to stay.
  • transmit the documents to the Questura if well-founded reasons emerged to believe that the applicant was a victim of trafficking[21] or enslavement crimes.[22] Persons in these situations can obtain national protection for social protection according to Article 18 TUI. This is a permit to stay for “special cases”, it lasts six months and can be renewed for one year, or for a longer period necessary for reasons of justice.

Other forms of national protection are provided for:

  • Victims of labour exploitation[23] pursuant to Article 18 ter TUI. In this case a permit to stay for “special cases” is issued to the victim, it has a duration of six months and can be renewed for one year or for the longer period necessary for reasons of justice.
  • Victims of domestic violence, pursuant to Article 18 bis TUI. The residence permit issued pursuant to this article bears the words “special cases” and has a duration of one year. Upon expiry, the permit can be converted into a residence permit for subordinate or self-employed work or for study purposes.
  • Residence permits due to natural disasters, according to article 20 bis TUI, issued when the country to which the foreigner should return is in a situation of contingent and exceptional calamity which does not allow return and stay in safe conditions. The residence permit lasts six months, and is renewable for a further period of six months if exceptional calamity conditions persist; the permit is valid only in the national territory and allows to carry out work activities but cannot be converted into a residence permit for work reasons

Return procedure

According to Article 32 (4) of the Procedure Decree, as amended by L 50/2023, in the event of rejection, withdrawal of the application and inadmissibility, the decision of the Territorial Commission shall also contain a return order and an entry-ban.[24] This certificate produces the effects of the expulsion order[25] and must be challenged together with the appeal against the rejection of the international and special protection claim, without prejudice to the effects of suspension governed by the procedures decree.[26]

[1]          Article 5(6) TUI, was amended Decree Law 113/2018 but is has been again amended by Decree Law 130/2020 reintroducing the obligation to consider, before rejecting a permit to stay, constitutional and international obligations of the Italian State.

[2]          Article 5 (6) as amended by Decree Law 130/2020 and L 173/2020.

[3]          Articles 19(1) TUI as amended by Decree Law 130/2020 and L. 173/2020 recalled by Article 32 (3) Procedure Decree.

[4]          Article 19 (1.1) TUI as amended by DL 20/2023 converted into L. 50 of 5 May 2023.

[5]          Article 19 (1.1) TUI as amended by DL 20/2023 converted into L. 50 of 5 May 2023.

[6]          According to Eurostat, humanitarian permits recognised in 2023 were 380 less than those granted in 2022 (see Eurostat data available at: https://acesse.dev/Il39P. However, data must be read in conjunction with the fact the overall recognition rate is significantly decreased in 2023 passing from 47% in 2022 to 37%.

[7]          Article 32 of the Procedure Decree and 6 of the TUI both as amended by DL 20/2023 converted into L. 50/2023.

[8]          Article 7 (2) DL 20/2023.

[9]          Article 7 (3) DL 20/2023.

[10]         Article 7 DL 20/2023 cancelled the provision before included in lett. a) Article 6 (1 bis) which stated that special protection permits released according to Article 32 Procedure Decree (as an outcome of the asylum request) could be changed into work permits.

[11]         Administrative Court for Campania region, Interim decision of 22 November 2023, published on 23 November 2023, no. 02178/2023.

[12]         Administrative Court for Tuscany region, interim decision no. 24/2024 of 10 January 2024.

[13]         Administrative Court for Piedmont Interim decision no. 10/2024 of 12 January 2024.

[14]         Administrative Court for Marche region, decision no. 00913/2023 of 28 December 2023

[15]         Administrative Court for Friuli Venezia Giulia region, decision no. 87/2024 of 27 February 2024

[16]         Civil Court of Florence, interim decision of 10 October 2024.

[17]         Civil Court of Catanzaro, 2 decisions of 12 March 2025, and a decision of 10 March 2025.

[18]         Civil Court of Bari, interim decision of 11 April 2025.

[19]         Article 32 (3.1) Procedure Decree recalls the requirements referred to in Article 19 TUI (2) (d-bis) as amended by L. 50/2023 which excludes the expulsion or extradition of foreigners who are in such health serious conditions.

[20]         Article 32 (3.2) recalls the requirements referred to in Article 31 (3) TUI.

[21]         Article 600 of the Criminal Code.

[22]         Article 601 of the Criminal Code.

[23]         Article 603 bis Criminal Code.

[24]         Article 32 (4) as amended by L. 50/2023 referring to Article 13 (13,14) of TUI.

[25]         Article 13 TUI.

[26]         Article 35 bis (3,4) Procedure Decree.

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation