Sunday, October 03, 2010

Application for political asylum


Foreign nationals who wish to claim political asylum under the Geneva Convention have to report to the Border Police upon entry in Italy. They can also submit their application to the Immigration Office at the 'Questura' - a central police station in the province.

The applicants will be photographed and fingerprinted and their application will be forwarded to the local Commission for the Recognition of Refugee Status which is responsible for taking a decision on it.

To substantiate their applications for asylum, applicants are required to submit to the Immigration Office at the 'Questura':
  • an application form explaining the reasons for their claims in their own mother tongue;
  • a copy of their passport, if in their possession;
  • any documents supporting their claims.
The Immigration Office will issue a residence permit to foreign nationals who have been granted refugee status.For more information please refer to the "Information Leaflet for Asylum Seekers" published by the Ministry of the Interior's National Commission for the Right to Asylum (art. 32 of Law No. 189/02) and available in five languages (Italian, English, French, Spanish, and Arabic).Since 19 January 2008, new provisions have regulated the attribution of the status of refugee or person eligible for subsidiary protection to non-EU nationals or stateless persons.

Asylum

02.02.2008

New rules on recognition of refugee status to foreigners and stateless persons

In force since 19 January, the decision to enforce the EU directive laying down minimum standards of international protection

Entered into force January 19, 2008 on minimum standards for citizens of countries outside the European Union or stateless persons as refugees or as persons eligible for subsidiary protection. 
E 'was published in the Official Journal of 4 January 2008, the Legislative Decree 19 November 2007, no 251, Implementation of Directive 2004/83/EC on minimum standards, a third-country nationals or stateless persons as refugees or of persons who otherwise need international protection and on minimum standards of protection granted. 
The measure contains the requirements for identifying status of 'refugee' and 'person eligible for subsidiary protection':

  • Refugee: foreign national who, owing to well founded fear of persecution because of race, religion, nationality, membership of a particular social group or political opinion, is outside the territory of 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 a stateless person who is outside the territory in which he had previously habitual residence for the same reasons, is unable or unwilling to return; 

  •  A person eligible for subsidiary protection: foreign national who is eligible to be recognized as a refugee but in respect of whom there are reasonable grounds for believing that, if returned to his country of origin, or in the case of a stateless person, if returned to his country in which had previously habitual residence, would face a real risk of suffering serious harm and who is unable or, owing to such risk, unwilling to avail himself of the protection of that country. 

Foreigners are excluded from the protection already assisted by an organ or agency of the United Nations other than the United Nations High Commissioner for Refugees. Also excluded from the protection regime for foreigners whom there are reasonable grounds to believe he has committed a crime against peace, a war crime or a crime against humanity, who have committed abroad, before issuing the permit stay as a refugee, a serious crime or acts particularly cruel, even if committed with an allegedly political objective, which may be classified as serious crimes, who are guilty of acts contrary to the purposes and principles of the United Nations.

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