Italy is one of the member countries in the Geneva Convention of 1951 related to the status of refugees and therefore supports asylum seekers. The laws that apply to asylum seekers in Italy are quite like the laws that apply to asylum seekers and refugees in other European Union countries.
On the other hand, due to the increase of asylum seekers in this country, the Italian government has considered strict rules for accepting asylum seekers.
Italy agrees with the asylum request of Afghans and citizens of other countries who do not have immunity. After the fall of the government of the Islamic Republic of Afghanistan and following the recent crises of some countries in the world, many people turned to the member states of the European Union. Among them, there are people who use Italy as money, and there are also Afghans who choose Italy as their destination.
In this article, asylum in Italy has been focused on, and Afghans who intend to seek asylum in this country are invited to read this article carefully.
Conditions of asylum in Italy
Italy's asylum conditions are such that asylum seekers must have entered the country in the first step. At the beginning of their arrival, the asylum seekers declare asylum by referring to the police department and submitting the relevant forms.
Asylum seekers must have documents, documents, and reasons based on the Geneva Convention, such as the reasons of race, ethnicity, religion, religion, and membership in political and social groups, and that they have been persecuted by the country and government of origin. Explanations regarding the reasons for Italian asylum are provided below:
- Political reasons: It includes asylum seekers who have problems with the government or the ruling group of their country and, for this reason, are wanted or prosecuted.
- Social reasons: It includes people who are deprived of social rights in their country and have been harassed for reasons such as membership in certain social groups contrary to human rights laws.
- Ethnic reasons: This type of reasons are related to people who are among strong minorities in their country and do not have basic rights regarding their ethnicity.
- Religious reasons: This type of reasons are related to people who are among religious minorities in their country and do not have basic rights regarding their religion.
- Reasons related to gender: people who are deprived of natural rights due to their sexual orientation or are harassed can apply for asylum for these reasons.
- Threats to life: such as torture, harassment, death penalty, and execution, are among the reasons on which a person can apply for asylum in Finland.
How to apply?
The Italian Ministry of Interior has published a guidebook to explain the asylum procedures in Italy in different languages, including Italian, English, and Farsi, which this article is based on.
Asylum, from the time of entering this country to receiving permanent residence, there are a total of six (7) stages, which are briefly discussed below and in detail in the rest of this article:
Step 1: Temporary accommodation
Step 2: Declaration of asylum
Step 3: Biometrics of asylum seekers
Step 4: Formal asylum application
Step 5: Regional commission interview
Step 6: Decision making
Step 7: Permanent residence in Italy
Asylum procedures
Step 1: Temporary accommodation
Most of the people who enter Italy are people who intend to cross this country and reach other European countries. But due to the pressure that other European countries put on the Italian government regarding asylum seekers, the country’s government was obliged to prevent people from reaching other countries. For this reason, now the Italian government accommodates all asylum seekers who enter Italy.
Therefore, as soon as you arrive in the country, the Italian police will accommodate you in special refugee camps or refugee reception centers. In these camps, in addition to being accommodated, you will be facilitated in registering as a refugee and submitting a refugee declaration.
Step 2: Declaration of asylum
After a short stay in one of the refugee camps or reception centers in Italy, you can declare asylum in writing to the border police. If you have already been in Italy, you can go to the immigration office in the police center (Questura) and declare asylum through the administrative procedures.
You declare asylum for international protection orally or in writing in your own language. An interpreter will assist you, and if an interpreter is unavailable for your language, Questura will arrange an appointment for you as soon as possible.
According to the articles of the Geneva Convention, it is your right to request or declare asylum, and the Questura and Border Police cannot deprive you of this right. In general, the police will allow you to submit your asylum claim. This declaration of asylum will not be considered as an official asylum application, because this is somehow a stage of registration as an asylum seeker to determine the country that is responsible for examining your asylum application. When you apply for asylum, the police station may fingerprint you or schedule another time to collect your biometric information.
Asylum seekers who have just arrived in Italy or have already been in Italy, as refugees, have the right to stay in refugee reception centers.
Step 3: Biometrics of asylum seekers
After your asylum application based on international protection, the police will record your private information and perform fingerprinting (biometrics) on you.
The Italian police identifies your identity by recording personal information, and taking photos and fingerprints (fotosegnalamento). Also, the police will ask you to hand over your passport and other identity documents such as ID card and birth card.
The authorities will take your fingerprints and then share this information with EURODAC, a common computerized asylum system across European countries that compares fingerprints. If they find that you have been fingerprinted (biometrically) in another European country, a request will be sent to the Dublin unit of the Italian Ministry of Interior to determine which country is responsible for examining your asylum request.
Once the police have fingerprinted you, they will give you a sheet containing the next appointment with the police center (Questura) to formalize your asylum application.
Not having a valid address in Italy should not affect your right to apply for asylum. However, in the past, some police centers rejected asylum applications due to lack of evidence of a house or inn contract. If this applies to you, we recommend that you contact an attorney.
Step 4: Formal asylum application
After it has been determined that Italy is responsible for examining your asylum application, you will be notified of this. You go to the immigration unit of the police center (Questura) and fill out the official asylum application form (Modello C3) and submit it to the immigration department of the police center.
To complete the C3 form, the police center will ask about your personal information, your family, the route and the reasons for which you fled from your original country of residence. Also, you can show any document that can prove your status. You can request the help of a translator to complete the form and understand with the officials.
The police center (Questura) will give you a copy of the C3 form and the documents you have provided, or you can request it from them yourself.
What is Form C3?
Form C3 is a type of form through which asylum seekers officially express their asylum request to the Italian government. Be sure to fill out the C3 form for an official asylum request.
The mentioned form is different from the 'foglio notizie' form. The Foglio notizie form is a form that some police centers may ask you to fill before presenting the C3 form, usually during the identity registration process. The police use the foglio notizie form to distinguish economic migrants from asylum seekers. If you want asylum, never select the 'work' and 'study' options, but select the international protection, asylum or 'other reasons' option. If they find you an economic immigrant, they will not formalize your application for international protection and issue a deportation order.
Once you have completed and submitted the C3 form and the government has registered it, your asylum claim is official.
Residence permit
During the asylum process, you have the right to stay in Italy with a six-month residence permit (Permesso di Soggiorno per Richiesta Asilo). The Police Center (Questura) will give you an appointment to issue this permit. Making an appointment may take a few months or longer than you expect. If you are a Dublin case, you will get a Dublin residence permit instead.
Appointment with the police station
Usually, the police center informs you of the appointment with them and you must appear at the designated place at the specified time. But the Police Center will not pay for your transportation to and from the appointment.
If you live in a reception center, the agency that manages it will help you arrange and get to your appointment. If you travel a long way to reach the police station, you must arrange your own transportation or get help from non-governmental organizations that work in the border areas.
Required documents
- Documents related to travel such as tickets or plane tickets and other things that prove how you will travel to this country.
- valid passport.
- ID card.
- Birth card, if necessary, children's birth cards.
- Nikah Khat in case of marriage; And
- Other documents that you think will help your application.
Remember that the necessary documents may be required at each stage of the application and examination of your asylum application in Italy.
Step 5: Regional commission interview
After completing the C3 form, your asylum request will be referred to the Territorial Commission, the institution responsible for reviewing the request, interviewing, analyzing, and deciding on your asylum request.
After formalizing your asylum application, you must wait until you are invited for an interview at the regional commission to be recognized as "international protection".
The regional commission is responsible for your asylum case, based on which it decides whether to grant you international protection or not. Regional commissions are in the main Italian cities. Click on this link to see the complete list of regional commissions.
How do I know the time of the interview?
If you are staying in a reception center, the police center will inform the officials of the center and they will inform you of the time of your interview.
If you have left the reception center or live alone, inform the police center of your new address, and write your name on the doorbell, because there you will receive a letter with an appointment for an interview with the commission.
How long does it take to be interviewed?
According to Italian law, the Regional Commission will interview the applicant within 30 days of receiving the interview request and decide within 3 working days, but in practice, this never happens. The time required for the interview is different, and people who have sent their applications at the same time may be interviewed at different times.
However, there are some cases where the regional commission may review the priorities; This happens when:
- Your asylum application appears to be successful.
- You are identified as a vulnerable case, especially if you are an unaccompanied child or adolescent
- Your asylum application is among the cases for which the regional commission may apply the fast-track process; For example, if you came from a safe country of origin, you are in a return center (CPR) or when you are stopped by the police and then apply for asylum.
If possible, the person interviewing you will be of the same gender as you. After the interview, the interviewing officer will present your case to the other members of the Regional Commission, and together they will make a joint decision on your asylum application.
Generally, people wait from 6 months to a year after filling out their C3 form to be interviewed.
Step 6: Decision making
The regional commission is responsible for deciding on your asylum request. After the main interview with the asylum seekers, this commission usually informs you of its decision after 2 to 6 months and in some cases up to 9 months and more than a year.
Any person who is in Italy and feels that he is in danger and being harassed in his own country, can obtain the international protection of the Italian government by presenting the relevant documents.
The decisions that the regional commission makes regarding your asylum request may be as follows:
- Granting refugee status: if you have fled persecution due to race, nationality, religion or belief, political opinions or belonging to a particular social group.
- Granting collateral protection: if you do not meet the criteria for refugee status, but you face a serious risk of being returned to your country, such as the death penalty, torture or inhuman or degrading treatment, or a threat to life due to armed conflict).
- Granting special protection: if you do not meet the criteria for refugee status and collateral protection, but if you are returned to your country, you are subject to persecution, torture, inhuman or degrading treatment, or there is a possibility of violation of your private and family life.
- Application rejection: if the commission assesses that you do not have the conditions for any type of protection. In certain cases, the commission may reject your application for unfounded reasons.
- Social protection: If rejected, the commission will send your case to the police department, and if it is proven that you were a victim of human trafficking or forced labor, you will be given "social protection".
If your asylum application has been rejected or you have been granted protection, but you think you deserve a higher type of protection, you can appeal within 30 days. If the commission rejects your request as a "manifestly unfounded" case, you will have 15 days to file an appeal.
If the person's asylum request is not approved in any way, the person will be asked to leave Italy.
How is the decision announced?
If you stay in a reception center, the commission will share the decision regarding your asylum request with the center, and the officials of the center will inform you about it.
If you live outside the reception center, ask the commission to send the decision to your personal address. It is very important that you inform )Questura( whenever you change your address so that they can always contact you.
Step 7: Permanent residence in Italy
Residence in Italy is granted depending on the conditions and status of your asylum in this country. Even if you have applied for asylum in Italy, received international protection or another type of protection, you have the right to continue living in Italy and be sure that you will not be sent back to your country.
If the Italian government agrees to your asylum request, the government will grant you temporary residence and be responsible for your maintenance and services. After this, you are allowed to work and live in Italy as a refugee.
In general, at least 5 years must have passed since your legal residence in Italy to be eligible for permanent residence. After 5 years of permanent residence and living in Italy, you can apply for citizenship and passport of this country. At the time of obtaining permanent residence and passport, points such as knowledge of Italian language, correct integration into Italian society and knowledge of Italian laws will be checked about you. Also, before granting permanent residence, the Italian government ensures that you have not committed a crime in this country and that you have paid your taxes correctly and completely.
Obtaining Italian citizenship is a very simple task compared to many European countries. It is enough to stay temporarily in this country for 5 years, and after the specified period, your residence will be automatically converted into Italian citizenship.
Applicants can study in the prestigious universities of this country by obtaining residency and living in Italy. By living in this country, you will enjoy high living facilities with low costs. Applicants must wait for a longer period to obtain permanent residence in this country, but if they can obtain permanent residence in this country, they will benefit from many benefits. One of the benefits of permanent residence in Italy and finally obtaining a passport of this country is to travel and live for about 6 months without restrictions in EU member states. Italy is one of the countries that allows applicants to have more than one citizenship, so applicants can easily obtain Italian citizenship while maintaining their first citizenship.
Help links
- The Italian Ministry of the Interior has published a guide to explain the asylum application process in Italy, which you can find here in various languages, including Italian, English, and Farsi.
- For more information on asylum, visit the Signpost website related to refugees in Italy, which has also been used in writing this post.
- The asylum process in Italy is complex, and if the asylum seeker is represented by a good lawyer who understands the asylum system well, the chances of being granted asylum are higher. It is advised to consult with lawyers or relevant organizations before applying for asylum.
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For more information
For more information on immigration, resettlement, education and scholarship programs, and other opportunities available to Afghans worldwide, as well as details on the humanitarian services provided by international organizations in Afghanistan and procedures for obtaining civil documents from governmental institutions, please visit Beporsed's website and social media pages.