Decision of the Council of State, III Section, No. 2538 of 14 November 2013

With decision No. 2538/2015, the Council of State rejected the appeal of the Police Authority of Milan against decision No. 02863/2011 of the Regional Administrative Court of Lombardy, which annulled the rejection of an application submitted by an Albanian concerning the renewal of his residence permit. The Police Authority had not duly considered that the immigrant had obtained in 1999 the family reunification with his wife and children. Furthermore, it had not taken into account the presence in Italy of brothers and sisters of the applicant and the fact that the applicant was continuously working in Italy. In the wake of the case law of the State Council on family reunification, as well decision No. 202/2013 of the Constitutional Court, the ‘family bonds’ that an immigrant has consolidated in Italy must be regarded as making part of his, or her fundamental human rights, which the national authorities must protect when balancing conflicting interests.

  • Original language: Italiano