The sentence takes into consideration the interpretation of Immigration consolidated act’s laws and rules that regard minors granted custody of up they turn eighteen. This interpretation is the one adopted by Home Secretary and it is applied by Police headquarters, court disputes the legitimacy of the interpretation and imposes changes to police.
What happens when these citizens turn eighteen?
The answer to this question is established by art. 32 paragraph 1:
“When minors, who were granted custody of, turn eighteen they can have their permits turned into subordinated/self-employed labour or into student residence papers”.
Bossi-Fini law added an additional part to this article, dispositions today state that “residence papers issued to minors (when they turn eighteen) can be released only if minors have been living in Italy for at least two years and if minors have been granted custody of in social and civil integration projects run by public institutions. These citizens must anyway have been living in Italy for at least three years.”
The question clearly is: “Minors that have been granted custody of, can anyway have papers issued when they turn eighteen? Will it happen that papers are issued only to citizens that have been living for at least three years in Italy or to citizens that have been following an integration project for two years?”
Police headquarters usually keep into consideration only the newly added dispositions, they do not consider art. 32, which is still valid.
Council of State’s sentence 372 issued April 12th drastically dismantles Home Office interpretation of law and it considers that what Bossi-Fini law added doesn’t substitute art.32.
Therefore minors that were granted custody of a part from the time they spent in Italy, have the right to have residence papers issued when they turn eighteen.
In other words new dispositions do not substitute original ones and everything stated by art. 32 stays valid.
Police headquarters won’t anymore be able to refuse the release of papers. This sentence is very important because it disproves an interpretation adopted by Home Office and accepted by all police headquarters though out Italy.