Even if it’s a degree integration achieved in the host country is imperfect, the foreigner cannot be extradited without parental and social ties in his home country and in places where it is difficult to find him a job. Repatriation would violate fundamental rights to personal dignity and respect for private and family life, thereby placing them in worse conditions than those achieved in the host country.
The First Civil Division of Cassation, with Ordinance 29676/2025, explains that the repatriation of foreigners cannot be ordered if conditions permit. vulnerability involving violations of the fundamental rights to private and family life, protected by Article 8 of the European Convention on Human Rights. In particular, the specific situation should be assessed: in addition to the absence of family and social ties in the country of origin, the possibility of guaranteeing a dignified existence and the risk of losing the level of integration achieved in the country where he takes refuge.
Reference point for decision making
The panel of judges referred to decision 4455/2018 which in case humanitarian protectionestablishes how the social and family integration achieved in Italy can be an independent and sufficient reason for the recognition of a residence permit. This decision increases the level of integration into the relevant criteria for determining the vulnerability of foreigners, indicating that repatriation can lead to deprivation of basic rights, even beyond the reasons leading to international and additional protection. And the regulation applies a consolidated principle, according to which, based on article 19, paragraph 1.1 of the Consolidated Law on Immigration (Legislative Decree 286/1998), the applicant’s specific vulnerability situation must be assessed, taking into account its comparison with the country of origin and ascertaining whether repatriation would result in a violation of the fundamental rights protected by the ECHR.
In fact, the right to respect for private and family life, home and correspondence is protected and guaranteed that every individual can maintain. your privacyfamily relations, residence and communications, although the State may intervene in certain circumstances, provided that such action is required by law and is necessary in a democratic society, for example. for national security or protection of other rights. This regulation specifically recalls the legislation currently in force (in particular article 19 of Legislation 286/1998), in its version prior to the amendments introduced by Cutro’s decisionand highlights the prohibition on expulsion or rejection of a State if there are strong grounds to believe that expulsion from the national territory constitutes a violation of fundamental rights.
Vulnerability assessments should take into account the irreversible loss of consolidation of social, family and emotional ties in the host country, even in the case of a certain level of damage. imperfect integrationa state in which a foreigner has begun the process of integration into a country’s society.
