Question – Dearest editorial staff,
I am a Moroccan boy, I came in Italy in 2003 on basis of seasonal labour. When my permit expired it was not renewed and the person in charge of the procedure gave all documents to the lawyer only five months later. I was then employed and I regularly receive my pay-cheque. The denial to employment was not communicated in a language that I do understand. Can I still appeal against this refusal?
Answer – Appeal can not be applied to after five months. It is true that all communications must be written in an understandable language. They need to provide for the reason why refusal of permit was not translated. The fact that official papers were not translated into Arab could allow this citizen to appeal today, he could explain that he was not given documents he could understand.
This fault within provisions should be a fault that leads to the annulment of the refusal when impugned. Unless this citizen proves to fully understand Italian.
The fact that refusal arrived five months later could be an overcome able obstacle. There a sentence, issued by TAR court in Piemonte (n. 706/2004), that studies a similar matter. This is sentence is the sole one we can quote.
Piemonte’s TAR court sentence
A foreign citizen reached Italy on basis of seasonal labour, his permit only stated “labour”. When the work permit expired, this person did not leave Italy because he found another regular job. He therefore applied to papers renewal within established times. After quite a long time authorities answered and his application was rejected. This citizen was actually working. The reason of the denial was that his “original” papers was seasonal ones and as a consequence conversion to “normal” work permits cannot occur. According to police headquarters seasonal papers can never be converted, unless law provides for such a chance. In spite of this, the citizen’s permit only stated “subordinated labour”, this does not make it clear that it could not be renewed.
TAR court’s grounds for the judgement
Piemonte’s TAR court sentenced that the denial was unlawful since this citizen could not possibly know that his permit held some limits, which were not assessed in the work permit.
According to TAR, the rules on basis of which police headquarters denied permit’s renewal are the ones that allow the same renewal (Immigration Act art. 5 paragraph 4, 5 and art. 6 paragraph 5). Immigration Act art. 24 (article dedicated to seasonal labour, the same quoted by police headquarters) allows to permits conversion from seasonal to subordinated labour (both determined and open end contracts) when conditions are available.
TAR in Piemonte sentenced that these conditions prove that this citizen’s permit can be converted since he has a job and he is socially integrated.
Permit’s conversion: requisites
Immigration Act art. 24 establishes some requisites, when these are answered to conversion is possible. Requisites are: availability of flows decree quotas (subordinated labour quotas) and of authorisation. Authorisation needs to have found available quotas. This did not happen both in Piemonte’s case and in the one we are studying.
I anyway think that it is important to signal all chances of having seasonal labour papers converted if regular employment is available. And it is also very important that TAR court interpreted law in this sense.
A part from the interpretation of the law, many citizens meet this problem, we are today talking about. Documents are often difficult to understand. Many therefore think that they hold a permit that can be renewed but they find out too late that this is not possible.