International protection (protezione internazionale) – a practical guide

In Italy the right of asylum is guaranteed by Article 10(3) of the Constitution: “A foreigner who is denied, in his own country, the effective exercise of the democratic freedoms guaranteed by the Italian Constitution shall be entitled to the right of asylum in the territory of the Republic, under the conditions laid down by law”

Citizens of countries outside the European Union are entitled to asylum regardless of how long they stayed in Italy before applying.

THE STAGES OF AN APPLICATION FOR INTERNATIONAL PROTECTION (protezione internazionale).

Stage I. SUBMITTING THE APPLICATION

An application for international protection is individual and must be submitted:

to the border police when you enter Italy

or

to the QUESTURA (police immigration office), if you are already in Italy.

Questure are local offices, and some of them require documentary proof of where you live. At this link you can view and print the Dichiarazione di ospitalità (declaration of hospitality), which must be vidimata (signed and stamped) at a Commissariato (police station) or at the Comune (municipality).

You will be given an appointment to formalise your application, at which the “Modello per il riconoscimento dello status di rifugiato ai sensi della Convenzione di Ginevra” (form for the recognition of refugee status under the Geneva Convention) will be filled in (Modello C/3). You can view and print it at this link.

Please note that your passport will be taken from you. Instead you will be given a document with your photo, which for some time will be the only proof of your identity. It shows your first name and surname, date of birth and place of birth.

With this document you are entitled to register your residence ( residenza) and to obtain an identification code (codice fiscale (tax code) and tessera sanitaria (health card)).

After 60 days you are entitled to sign an employment contract.

Stage II. The hearing – AUDIZIONE

The law provides that the summons to the hearing before the Commission (or interview) is sent to you in writing by the police.

The decision on an application for international protection is taken by a body called the Commissione Territoriale (Territorial Commission for the Recognition of International Protection), which has 4 members:

• 2 representatives of the Ministry of the Interior,
• 1 representative of local government (municipal, provincial or regional),
• 1 representative of UNHCR.
• An interpreter who speaks your language will take part in the hearing and translate what is said.

Stage III. The Commission’s decision

At present, during the war, in most cases the Commission grants Ukrainians protezione sussidiaria (subsidiary protection). Note that once there is a decision, your passport is returned.

If you are granted status di rifugiato (refugee status), your passport is NOT returned, but you can apply for a TITOLO DI VIAGGIO (travel document), which allows you to travel within the EU.

To read more about the difference between the two types of protection, follow this link:

differences between refugee status and subsidiary protection

We recommend reading the GUIDA PRATICA PER RICHIEDENTI DI PROTEZIONE INTERNAZIONALE IN ITALIA (Practical guide for applicants for international protection in Italy), which contains detailed information on international protection.