Italian Supreme Court of Cassation (Corte di Cassazione), Civil Section I, N. 1843/2015, 2 February 2015

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

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

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.