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Via Emilio de’ Cavalieri, 11 - Roma

Refugees and immigrants

Protection of refugees, asylum seekers and migrants

Protection of refugees, asylum seekers and migrants

Within the field of human rights the firm’s activities aimed at the protection of refugees, asylum seekers and migrants are particularly remarkable. In the interest of these groups of people the firm follows all kinds of cases, whether applications before the competent Commission for the recognition of refugee status, appeals before ordinary and / or administrative courts or matters related to the migrants’ stay in Italian territory and eventual expulsion measures..

Thanks to the expertise acquired in the field and, in particular, the specific qualifications of lawyers Mr Mario Lana, Mr Anton Giulio Lana and Mr Mario Melillo (author of several articles on the topic of immigration), the firm currently provides legal advice to the Italian Committee for Refugees (CIR) and the United Nations High Commissioner for Refugees (UNHCR).

Among the most interesting cases defended by the firm, it is worth mentioning the story of the components of the national football team of Ethiopia and the recognition of their refugee status, as well as the work carried out by Mr Mario Lana, in his role as President of the Lawyers’ Union for the Protection of Human Rights in the case brought before the first instance Tribunal of Rome for the recognition of political asylum to Abdullah Ocalan.

Relevant law

In the field of migration are of uttermost importance law n. 40 of March 6th 1998 and Legislative Decree n. 286 of July 25th 1998 which constitute the body of provisions regarding immigration and the status of foreigners in Italy. This legislation was the first example of organic systematisation of the matter after the so-called “Martelli Law” (Law n. 39/1990).

Legislative decree n. 113 of April 13th 1999 was adopted to integrate what provided for by the above-mentioned legal framework and contains supplementary provisions to code. On the other hand, the Decree of the President of the Republic n. 394 of August 31st 1999 provides implementing rules of the TU for the code of provisions on immigration and the status of foreigners.
Later on, said consolidated text was significantly reformed by Law n. 189 of July 30th 2002 (the so-called “Bossi-Fini” law) which also introduced specific norms on the conditions of political refugees. This regulation came into force only after the adoption of the implementing regulation, established by Presidential Decree n. 303 of September 16th 2004.

Lastly, law decree n. 241 of September 14th 2004, converted – albeit with some amendments – into law n. 271 of November 12th 2004 was introduced in order to “fix” the partial declaration of unconstitutionality of the above mentioned body of laws by judgments of the Constitutional Court of n. 222 and 223 of July 15th 2004.

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Tel: +39 06 85300769 Mon – Fri 09:00-17:00