Order of the Court of Cassation, VI Civil Section, No. 25508 of 2 December 2014

With order No. 25508/2014 the Court of Cassation upheld the appeal against the expulsion of an alien, who had not a residence permit; and this because he was the father of a child whose mother was not, although not attained by any expulsion order, able to care for the child. Remembering the principle of the best interest of the child enshrined in the ECHR and the UN Convention on the Rights of the Child, the Court ordered that a temporary residence permit be granted to the father, as it is allowed under Article 31.3 of legislative decree No. 286/1998 on immigration and status of aliens.