Italy / Court of Cassation, 1st Division / 823 Non EU citizen without residence permit, parent of a minor child living in Italy

Key facts of the case:

The claimant is a non EU citizen without residence permit, father of minor children regularly living in Italy. He claims to be allowed to stay in the Italian territory notwithstanding the normal immigration legislation. He appeals to the children interest to have a stable relationship with both their parents and claims the application of art. 31 of the legislative decree n. 286/1998. This article allows the parent to stay in Italy without the regular permission when serious reasons related to the minor’s psychophysical development are likely to occur, also by taking into consideration his age and health conditions.

Results (sanctions) and key consequences of the case:

The non EU citizen without residence permit, parent of a minor child living in Italy, can be authorized to stay in the Italian territory on the basis of art. 31, legislative decree n. 28671998, in order to avoid further damages to the minor as a result of the separation from one of his parents.