mercoledì 28 gennaio 2026

Italy Recognises Complementary Protection: When Integration Becomes a Legal Shield

 Italy Recognises Complementary Protection: When Integration Becomes a Legal Shield

In a significant administrative decision, Italy has once again confirmed that integration into society can play a decisive role in protecting migrants from removal. On 18 December 2025, the Territorial Commission for the Recognition of International Protection of Genoa granted complementary protection to a foreign national, acknowledging that forced return would result in a disproportionate violation of fundamental rights.

The full decision has been published and is publicly available here:
https://www.calameo.com/books/00807977586f4b5d40bb2

Complementary protection is a specific form of legal protection under Italian law, regulated by Article 19 of the Immigration Act (Legislative Decree No. 286/1998). It applies in cases where a person does not qualify as a refugee or for subsidiary protection, but where expulsion or deportation would nonetheless breach core human rights obligations, including the right to private and family life.

In this case, the Genoa Commission rejected refugee status and subsidiary protection, yet carried out a separate and autonomous assessment of the applicant’s personal situation. The decisive factor was the individual’s effective integration in Italy, particularly in social and employment terms. The Commission recognised that the applicant had built stable personal and professional ties and that removal would cause serious and irreversible harm to those relationships.

What makes this decision especially relevant is the legal reasoning behind it. Integration was not treated as a “reward” for good behaviour, but as a legally relevant element of private life, protected under European human rights standards. The Commission concluded that returning the individual to the country of origin would amount to a disproportionate interference with those rights.

This approach reflects a broader trend in Italian administrative practice, where complementary protection is increasingly understood as a substantive safeguard, not a marginal or residual measure. It confirms that immigration control must be balanced against the obligation to protect human dignity and fundamental freedoms.

For migrants living in Italy, the decision sends a clear message: building real and documented ties to the country can have concrete legal consequences. Work, social relationships, and long-term residence are not merely factual circumstances; they may become decisive elements in preventing removal.

For lawyers and practitioners, the Genoa decision offers an important example of how complementary protection operates in practice. It shows that even when international protection is denied, Italian law still provides mechanisms to ensure that no one is returned in violation of fundamental rights.

As debates on migration continue across Europe, this case highlights a key principle: integration matters, not only socially, but also legally.

Avv. Fabio Loscerbo

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New on TikTok: Residence permit denied by the Police but granted by the Court: a job and real integration are enough for special protection Welcome to a new episode of the podcast Immigration Law. My name is lawyer Fabio Loscerbo, and today we address a very practical issue: what happens when the Police deny a residence permit, but the Court overturns that decision. We are talking about a judgment of the Court of Bologna, case number 591 of 2025, concerning the recognition of special protection . The Police had denied the permit, arguing that the applicant had not demonstrated sufficient integration. This is a very common reasoning in practice: authorities often expect an almost “perfect” level of integration, as if a foreign national had to prove complete and definitive social inclusion. The Court takes a different approach, one that is more consistent with the law and recent case law. It clearly states that full integration is not required. What matters is a serious and concrete path of integration, even if it is still ongoing. In this case, the applicant had a stable job, an income, had attended language courses, and had been living in Italy for several years. All these elements, taken together, show real social integration. At this point, a key legal principle comes into play: the right to private life under Article 8 of the European Convention on Human Rights. This concept does not only concern family ties, but also includes social relationships, work, and the life a person builds over time. The Court states that removing a person in such circumstances would mean uprooting them and seriously affecting their fundamental rights. It also adds an important point: if there are no concerns related to public safety or public order, the State’s interest in expulsion becomes weak. The outcome is clear: the Court recognizes the right to a residence permit for special protection, valid for two years, renewable and convertible into a work permit . The message of this decision is straightforward: if a person works, integrates, and builds a life in Italy, this reality cannot be ignored. And this is exactly where the future of immigration law will increasingly be decided. Thank you for listening, and see you soon for a new episode of Immigration Law.

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