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Italy / Council of State / 1027

Ministry of Foreign Affairs v Mo. Fe. Pe. and Mo. Vi. Az.

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Type:
Decision
Decision date:
19/02/2013

Key facts of the case:

Mo. Fe. Pe. and Mo. Vi. Az. are a married couple from the Philippines whose children live in Italy. On invitation by their children, the couple applied for a tourist visa and the application was turned down. According to the Ministry, the application for a tourist visa was in reality a way of entering in Italy without going through the provisions on family reunion. - Immigration - The Council of State focused on the reasons for refusing the visa, questioning whether the competent office of the Ministry of Foreign Affairs enjoyed a margin of discretion when it took the decision or was obliged to follow the relevant EU regulation. According to the Council of State, although the competent office provides general and standard justification for refusing a visa, it does not violate the right set forth in Article 41 of the EU Charter of Fundamental Rights. Therefore, in disagreement with the lower Court, the Council of State confirmed the refusal to issue a visa to Mr. and Mrs. Mo.