Italy - Ordinary Tribunal of Rome, Decision No R. G. 72238/2018, 21 November 2018

According to the judge, the refusal of the Immigration Office to receive the asylum application is based on a misinterpretation of the concept of “residence” as mentioned in Article 26 of Legislative Decree 25/2008. The expression "Place of residence" does not mean availability of accommodation, but it should solely refer to the physical presence in the territory of a municipality, even though in a "precarious" and "charitable" shelter facility.

Furthermore, the court observes that, according to Article 6 (1) of Directive 2013/32/EU, the Immigration Office is required to register the application three working days, or six days if the application is made before an authority that is not competent. Thus, the issue of its jurisdiction is not relevant.The court upholds that the request for proof of the family relationship (by means of documentation or DNA testing) is unfounded. Indeed, the only authority in charge of assessing the merit of the application is the Territorial Commission. Hence, the Immigration Office must receive the request for protection and has no discretion in that regard.

Moreover, Article 6 (6) of Directive 2013/33/EU does not allow the Immigration Office to place on the applicants the burden of submitting documents which are difficult to obtain in practice and expensive. Lastly, the judge states that the refusal to receive the application for asylum has led to the perpetuation of the condition of irregularity, resulting in the risk of expulsion and preventing the access to the reception system.