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Italian Supreme Court of Cassation (Corte di Cassazione), Civil United Sections , N. 121108/2013, 16 September 2013

Date
16/09/2013
Type Judgment
Case number 21108/2013
Link

Attachments

Abstract

Failure to grant a nulla osta to a minor entrusted to an Italian citizen on the basis of the kafala provision.

Normative references

Law of 4 May 1983, n. 184 which governs the adoption and custody of minors. 
 

Ruling

It is inadmissible to refuse the authorization to enter the borders of the Italian Republic, for family reunification, requested in the interest of a minor non-EU citizen entrusted to an Italian citizen through the institution of kafala pronounced by a foreign judge. In particular, the refusal is inadmissible when the minor is dependent (or cohabits) in the country of origin with the Italian citizen.
 

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