venerdì 6 febbraio 2026

New on TikTok: Criminal Records and the Refusal of a Residence Permit: the TAR Bologna Ruling Welcome to a new episode of the podcast Immigration Law. My name is lawyer Fabio Loscerbo. Today we are discussing a very important decision that addresses a recurring issue in administrative practice: the refusal of a residence permit based on a foreign national’s criminal record. The reference is a judgment of the Regional Administrative Court for Emilia-Romagna, Bologna seat, First Section, General Register number 3 of 2026, Collegiate Decisions Register number 144 of 2026, published on 29 January 2026, and decided in chambers on 28 January 2026. With this ruling, the Court annulled a decision of the Immigration Office denying the renewal of a residence permit. The core message of the judgment is clear. Criminal records cannot be treated as an automatic ground for refusing a residence permit. The administration is required to carry out an individual, concrete, and up-to-date assessment of the person’s actual social dangerousness, taking into account the full personal situation of the applicant. In the case examined by the Court, the refusal was found to be unlawfully motivated. The administrative decision failed to carry out a genuine balancing exercise between negative elements and favourable factors, such as private and family life, employment history, and the process of social reintegration. In other words, the assessment was merely formal and not substantive. The Court reaffirmed the correct application of Article 5, paragraph 5, of Legislative Decree number 286 of 25 July 1998, which requires the authorities to evaluate the foreign national’s situation as a whole and to provide a reasoned, non-stereotypical justification. Criminal convictions may be relevant, but they can never justify an automatic refusal. The judgment therefore sends a clear message: in immigration law, administrative discretion is legitimate only if it is exercised in a concrete, proportionate, and properly reasoned manner. If you want to follow more real cases and practical developments in immigration law, keep listening to the podcast Immigration Law. See you in the next episode.

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New on TikTok: Leaving Italy and Residence Permit Refusal: When Absence Becomes Decisive Welcome to a new episode of the Podcast Diritto dell’Immigrazione. My name is Attorney Fabio Loscerbo. Today we focus on a very practical issue in immigration law: leaving Italy while an administrative procedure is pending and the risk that this absence may lead to the refusal of a residence permit. Let me be clear from the outset. A residence permit is not a purely formal document. It is based on an effective, real, and continuous presence on Italian territory. When this continuity is interrupted, the Public Administration often considers that one of the essential legal requirements for the permit has ceased to exist. This approach has been clearly confirmed by a recent decision of the TAR Campania – Sixth Section, delivered on 25 November 2025 and published as decision number 597 of 2026, in proceedings registered under general register number 5030 of 2022. In that case, the Police Headquarters rejected an application for the renewal of a residence permit because the foreign national had remained abroad during the procedure and had not returned to Italy within the validity period of the re-entry visa. The Administrative Court upheld the refusal. The Court reaffirmed a key legal principle: the issuance and renewal of a residence permit are strictly linked not only to the filing of an application, but also to the continued existence of the legal requirements for entry and stay. If the foreign national does not lawfully return to Italy, those requirements are considered to be lacking, and the refusal becomes a binding administrative act, not a discretionary choice. The judgment expressly refers to the Consolidated Immigration Act and its implementing regulation, stressing that a prolonged absence — in particular when it exceeds the limits set by law — may constitute an interruption of the stay and prevent the renewal of the permit, even where the individual had previously been lawfully resident. The practical message is straightforward. Leaving Italy while a procedure is pending is never a neutral decision. It can have definitive consequences on the right to remain in the country. In immigration law, timing and presence matter. And sometimes, even a single absence can make the difference between continuity of stay and loss of legal status. Thank you for listening, and see you in the next episode of Diritto dell’Immigrazione.

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