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Italy / Supreme Court, 1st Civil Section / 11404

M.J. and P.R. v Ministero degli Affari Esteri

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Italy / Supreme Court, 1st Civil Section
Decision date:

Key facts of the case:

The Italian immigration authority (Ministry of Interiors) refused to grant an entry visa to a minor who was entrusted to an Italian couple under the Arabic scheme of the kafala. This is not an adoption, although it is very similar thereto. It allows non-parents to take care of a child. The immigration authority gave a strict interpretation of “family member” under Article 2, paragraph 1, letter b) of Legislative Decree No. 30 of 6 February 2007, implementing Directive 2004/38/EC. The first-instance court granted the visa, yet on appeal the decision was reversed.