According to the Milan Administrative Court, family residence permit disputes belong before the ordinary courts
According to the Milan Administrative Court, family residence permit disputes belong before the ordinary courts When a residence permit for family reasons is refused, choosing the correct court matters just as much as preparing the evidence. In judgment no. 2352 of 16 October 2023, the Lombardy Regional Administrative Court (TAR), Milan, First Chamber, addressed jurisdiction over immigration decisions affecting family unity. The judicial question The judgment considered the boundary between the administrative courts and ordinary courts in disputes concerning family reunification authorisation and the issue or renewal of residence permits for family reasons. The TAR held that this category of dispute falls within the jurisdiction of the ordinary judiciary, applying a broad interpretation of Article 30(6) of Legislative Decree 286/1998. What the ruling does—and does not—mean The court's conclusion concerned jurisdiction, not a finding that every applicant qualifies for a permit. A re...