Efiubò: The right of asylum seekers and a refugees in Italy

In this episode, Loredana Leo, lawyer of the ASGI (Association of Legal Studies on Immigration) provides answers to questions about the rights of asylum seekers and refugees.

I applied for political asylum, I received a denial and I have lodged an appeal. While I wait for the result of the appeal what can I do? Can I go to school? Can I work? Can I get health care?

You can start working six months after having applied for the asylum. Often however the employer sees that your Permesso di Soggiorno (residence permit) it’s for “asylum seekers” and it does not include the word “work”. In this case you can contact a lawyer who can ask the Police to add to your Permesso the word “work”. While waiting for the appeal results you can attend courses recognized by the Italian state and, for the health assistance, you can subscribe to the regional health services.

Are there free training programs for asylum seekers or political refugees?

Very often there are not specific courses, but the advice is to always check, because sometimes public institutions fund some free training or internship.

Why there isn’t a a specific section in the Civil Court for refugees and asylum seekers?

The opinion of ASGI is that in Italy, rather than create a specific section, it would be necessary to fund trainings for judges, interpreters or to create other tools to facilitate the procedure of asylum.

What we can do to show to the Commission for asylum seekers the real political situation of our country?

Both the Commission and the Court should address the situation of your country of origin, but t. Our advise, however, is to make personal researches and to bring the results of your searches in the Commission, or to deliver them to your lawyer, in order to make them available to the Court.

How many times it is possible to lodge an appeal against a Commission refusal? Do I have to pay the lawyer every times?

Three times it is the maximum. If there is a refusal by the Commission you can lodge an appeal to the Civil Court. Then if the Court confirm the decision of the Commission you can make a complaint to the Court of Appeal and even if the Court gives a negative you can go to the Corte di Cassazione. For the payment of the lawyer, very often the costs are borne by the State, but it can happen that sometimes migrants themselves pay.

Why people with “humanitarian” Permesso di Soggiorno can not ask for a reunification with their family while who hangs an “asylum” Permesso di Soggiorno can do it?

Because of the law. The Article 29 of the Immigration low, excludes holders of a Permesso di Soggiorno for “humanitarian” from asking the reunion.

How many times can you renew the subsidiary protection and humanitarian Permesso di Soggiorno?

There is no limit to the renewal. The problem is that very often the renewal needs a long time. The term should be 20 days, but often it takes much longer. If after two or three months you have not received a response you should contact a lawyer.

If I get the asylum in Italy, can I work in another European country?

At the moment the only option to work in another EU country, is to ask for authorization to the competent Ministry of the foreign country where you want to go or its consulate in Italy. Next 20 of May however a new European Directive will enter into force giving to the beneficiaries of international protection (refugee status and subsidiary protection) to ask for a Carta di Soggiorno, a paper that allows you to move freely in almost the all EU countries. To ask for a Carta the Soggiorno in Italy you must meet certain criteria such as being resident for at least five years.

Efiubò is a radio program that answers to the questions and concerns of migrants living in Italy. It will be released every two weeks from today, February 15. If you also have any questions, please write to efiubo@gmail.com

Efiubò is a project realized with the contribution of otto per mille della Tavola Valdese