Cassation Court: Yes to Permit of Stay to illegals with minor children.

 

Separating children from their parents can seriously hamper their integral growth.

22nd January 2010: Illegal immigrants who have minor children in the country can be issued temporary Permits of Stay in order to stay close to their children, the Cassation Court has ruled.

There can’t be any reasonable doubt that for a minor child, especially at a tender age, separation from a parent and the impossibility of having a relationship with him, even of only seeing him, may seriously affect the child’s physical, psychological, harmonic and fulfilled growth, the Court ruled.

The Court made the ruling while considering an appeal of an illegal immigrant in Milan who was asking to be allowed to remain in the country near his two minor children. The Court of Appeal in Milan rejected his request in May 2008. He then appealed to the Cassation Court.

The Cassation Court upheld his appeal and allowed him to remain in the country for two years. Rejecting any possible claim that an illegal immigrant could take advantage of his minor child to ask to be allowed to remain in the country, the Court said that it can’t be held that the minor child’s interest can be used only to justify the presence of foreigners who don’t meet required conditions for staying in Italy.

The Court observed that Article 31 of the Legislative Decree 286 of 1998 allows an adult foreigner the possibility of being issued a temporary Permit of Stay which cannot be converted into a Permit of Stay for work.

The ruling is meant to safeguard the right of the minor child to a family and to maintain a continued relationship with parents.