Family rejoining is a right stated by law and safeguarded by international conventions, which Italy signed as well.
We have already focused on the Moroccan Italian embassy’s visas offices closure and on the fact that family rejoinings were blocked in Casablanca.
A recent Grosseto court sentence studies the idleness of Italian embassy behaviour. A person had obtained all necessary documents in order to start off family rejoining procedures. General Italian embassy in Casablanca closed its offices. This is the situation the court had to consider in order to see whether it is lawful or not.
This specific case refers to an underage child, Grosseto court riminds that “all administrative proceedings aiming to rejoin a family and concerning underage people” must consider fundamental child interests according to what stated by Convenzione dei diritti del fanciullo dated 20/11/89 art. 3 paragraph 1 (the juvenile rights covention), ratified and enforced 27/05/91 law 176.
Grosseto court underlines that Italian consular authorities have to release family rejoining visas when qualified police headquarters give the go-ahead.
In fact when the go-ahead is given, and no impediments occur, embassies simply show the travellers demanding visas passport and nothing else is required.
Consolidate act Regolamento di attuazione art 6 paragraph 3, provides for that consular authorities are not allowed to the adoption of the administrative act required, this means that visas have to be immediately released or denied at the requirer’s application.
Grosseto court considered the release as a due act and this is why it considered unlawful the consular idleness. Embassy behaviour can be considered an unjustified denial. In addition to this the fact that the embassy closed only its visas office cannot be considered a just matter.
Remember that once police headquarters gives the authorization to family rejoining physically going to the embassy is MANDATORY. Consular officers stamp the visa on relatives passports in front of them. The only check consular authorities have is to see that they are really family members. And this comes at the end of police headquarters examinations.
In other words when a migrant citizen asks police headquarters to rejoin his/her family he/she simply TELLS the names and his/her relatives personal particulars of whom he/she’s asking rejoining. Consular offices will then verify the truth of the relationship. A recent minister of interior memorandum states so. This measure should avoid bureaucracy slowness.
The embassy denial is unlawful, as also stated by Grosseto court, and find a solution in consolidated act art. 30 paragraph 6: “In case of denial of family rejoining visas or other family connected matter, the interested can appeal to his/her local lower court judge…” who will immediately solve the situation. Grosseto court ordered to the Foreign Office to immediately release family rejoining visas.
Grosseto clearly wrote and ordered to Italian foreign office that if Moroccan Italian visas office is closet another office IMMEDIATELY releasing visas is to be found, as stated by law.
Of coarse other impediments, such as documents stating relations etc., might occur but appealing to Italian court is possible and consilated act art. 30 paragraph 6 will work things out.
We are not suggesting to refer to court any time but when delay or denials occur it can be the only possibile solution sometimes.