Wednesday, October 22, 2008

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Change the rules on family reunification and refugees


More stringent measures on the recognition of refugee status and family reunification

Published by the Official Journal 247, Oct. 21 D. Lgs. No 3 October 2008 159 amending and supplementing the previous Decree 25/2008, which implements Directive 2005/85/EC on the legislation on procedures applied by Member States for granting and withdrawing refugee status.

The measure provides, inter alia, that an alien who has applied for refugee status, but did not get on an administrative, may be expelled before it has time to appeal to the court.

were also introduced other limitations, such as:

a) until the decision of the Commission's jurisdiction to decide on the granting of such status, an alien may only move into a place of residence indicated by the Prefect ;

b) submit an application for asylum, after being subjected to expulsion, will be retained in a CIE (Center for identification and expulsion);

c) who has suffered rejection by the Security Commission, will leave the country immediately and will be expelled to deport him;

d) the alien will be deported, however, lodge an appeal through the Italian Embassy and Only for serious personal or health reasons, may request the Prefect of the authorization to remain in the country.

The Legislative Decree 160/2008 provides for stricter measures on family reunification. The law will be up: the majority are not legally separated spouse, unmarried minor children, with the consent of the other parent; to adult dependent children, if total disability, the dependent parents or over sixty, when other children are unable to support them for serious health reasons.

DNA testing at the expense of the interested parties, will remedy the lack of documentation or to clarify the doubts about the ties of kinship.

for each family member will need the availability of a lawful income not less than the annual social, plus half the amount for each family. For the reunion of two or more children under the age of 14 years or two or more family members of holders of subsidiary protection status, you will need an income of not less than twice the annual social. For over sixty parents will be required compulsory health insurance or enrollment in the National Health Service.

The wait for the clearance changed from 90 to 180 days .

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