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 refusal may still turn on proof of the relevant family relationship, the conditions specified by immigration law and the individual circumstances of the applicant. The decision explains where an affected person should seek judicial protection, rather than predetermining its outcome.
Practical steps after a refusal
First, identify the exact decision: a refusal of family reunification authorisation, a refusal of a family-based residence permit, or another type of immigration measure. Read the notice and record the date of service. Second, assemble documents establishing the family connection and the circumstances relevant to the application. Third, seek qualified legal advice promptly on the proper judicial remedy and any applicable deadlines. Filing in the wrong jurisdiction can waste valuable time.
Where several decisions have been issued—for example, concerning work, family life and residence status—it is necessary to analyse each decision individually rather than presume that one court hears every associated challenge.
Why the decision matters for families
The right to family unity has specific judicial safeguards under Italian law. Knowing the correct remedy makes those safeguards meaningful. The Milan TAR ruling is a reminder that a procedurally sound challenge begins by classifying the legal nature of the decision correctly.
Verified judicial reference: TAR Lombardia, Milan, Section I, judgment 16 October 2023, no. 2352; reported in the court's official report opening the judicial year 2024: Italian Administrative Justice.
Avv. Fabio Loscerbo
Lawyer admitted to practise before the Italian Court of Cassation
Registered in the Italian Chamber of Deputies' Register of Interest Representatives in the field of Immigration
Registered lobbyist in the European Union Transparency Register no. 280782895721-36 in the field of Migration and Asylum
ORCID: 0009-0004-7030-0428
This article was drafted with the assistance of AI tools under the author's direction, review and editorial responsibility.
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