The Italian authorities cannot refuse the entry in the country for family reunification of a child who, following a “kafalah” pronounced by a foreign court, is in the custody of an Italian national, and especially if the child used to live with this Italian citizen in his/her country of origin, or in the case that the personal assistance of the latter is needed for the child’s serious health conditions. The decision was based on the principles affirmed by the United Sections of the Court of Cassation in judgment No. 21108 of 2013.
Decision of the Court of Cassation, United Sections, No. 21108 of 10 July 2012