legal and social conditions for asylum seekers and refugees in ...

will be explicitly mentioned as reasons for granting refugee status; an accelerated procedure will
be established, under which an application could be considered inadmissible or manifestly
unfounded; appellants under the normal determination procedure will be granted a residence
permit if the court has not rendered its decision within six months; recognised refugees will
receive a residence permit valid for five years.
The Draft law is currently pending in Parliament and it is not possible to foresee when it will be
adopted. Any information on this can be requested from the Italian Refugee Council.
Quota refugees
The current Italian legislation does not include any provision on quota refugees.
Other types of residence permit
Residence permit on humanitarian grounds
According to Section 5(6) of the 1998 Aliens Act, a residence permit on humanitarian grounds
can be granted to an asylum seeker whose application has been rejected by the Central
Commission (responsible for making first instance decisions in the determination procedure) and
who cannot return to his/her country of origin in accordance with the principle of non-refoulement.
In all the cases where the asylum seeker cannot be recognised as refugee under the Geneva
Convention, but at the same time cannot return to his/her country of origin because of the
situation there, the Central Commission makes a recommendation on whether or not the
conditions for granting a humanitarian residence permit are met. On the basis of this
recommendation the Local Police Headquarters (“Questura”) can issue a permit of stay for
humanitarian reasons. Such permit is generally granted for one year and is renewable on a yearly
basis. It gives the right to work and study in Italy.
In principle, the Police Headquarters could also, under Section 5(6) of the 1998 Aliens Act, issue
residence permits based on broader humanitarian considerations, but this never happens in
practice.
Based on the same Section 5(6) of the 1998 Aliens Act and following a Directive from the Prime
Minister of 6 August 1998, holders of residence permits issued under Sections 12bis
(humanitarian grounds) and 12ter (Italy’s international or constitutional obligations) of the
abolished 1990 Aliens Act, as well those staying in Italy under the temporary protection schemes
for Somalis (1992), displaced persons from Former Yugoslavia (1992) and Albanians (1997) can
ask for a two-year work/residence permit or a residence permit on humanitarian grounds, even
without passport. Those persons who can demonstrate having a job receive a work/residence
permit, whilst those who are not able to justify having a job can be granted a residence permit on
humanitarian grounds, which gives them the right to work.
Temporary protection for Kosovo Albanians
According to Section 20 of the 1998 Aliens Act and the Directive of the Presidency of the Council
(Prime Minister) of 12 May 1999, special protection has been collectively given to Yugoslav
citizens (Kosovo Albanians, Serbs and Roma) who entered Italy between 12 May and 6 August
1999. They were granted a residence permit valid until 31 December 1999, which has been
extended for a six-month period ending on 30 June 2000. Kosovo Albanians, however, were
entitled to lodge an individual request for asylum.
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Italy