Decision of the Council of State, III Section, No. 3028 of 8 May 2014

Decision No. 3028/2014 of the Council of State concerns the appeal introduced by a Bangladeshi national against the decision of the police authority of Pordenone of not renewing his residence permit for employment. This decision had been taken considering, inter alia, that the means of subsistence available to the applicant were not enough as compared with the length of his staying in Italy during a “waiting period for a new employment” under Article 22.11 of legislative decree No. 286/1998. The Council of State ruled that such circumstance was irrelevant, in reality, to the administrative authority, because Article 22.11 allows foreigners to legally stay in Italy in a waiting period for a new job by granting them a temporary residence permit. The Council of State further observed that the slow pace of the administrative authorities in deciding on the applications cannot be to the detriment of foreigners.