Italy – Administrative Tribunal declares decision to withdraw reception provisions unlawful

Date: 
Monday, September 17, 2018

The Administrative Tribunal of Veneto has cancelled a decision of local authorities to withdraw reception provisions for an asylum seeker, due to its procedural flaws and lack of substantive investigation.

The order had been issued due to the applicant’s alleged aggressive and uncooperative behaviour against the Italian authorities. The applicant challenged the order before the Regional Administrative Tribunal, claiming that the reasoning against him lacked specificity and the investigation was not properly conducted.

The Tribunal upheld the appeal, stating that there was insufficient certainty in the description of the conduct that was attributable to the appellant. Moreover, it noted that the severity of the applicant’s conduct must be assessed in relation to the needs of a proper functioning of reception facilities. In this vein, the authorities have to duly consider factual elements of the case under examination and to follow a logical line of reasoning when deciding the revocation of reception provisions.

Moreover, the Tribunal noted that the enforcement of revocation provisions will have a significant impact on persons in a serious state of need. In this context, the investigation that led to the withdrawal order should have concretely described the appellant’s behavior, making specific mention to the incidents that justified the imposition of such a measure. The Tribunal decided to annul the order as the procedure was found to be hurried, unsuitable and inadequate.

Based on an unofficial translation by the ELENA Weekly Legal Update. Many thanks to Sofia Bonatti, Legal Officer at ECRE, for helping us with the translation. You can find more information here.


This item was reproduced with the permission of ECRE from the weekly ELENA legal update. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE.

                                                     

 

Keywords: 
Material reception conditions
Reception conditions