Prerequisites for the appeal under article 31 of the consolidated immigration act

The central issue was whether the conduct of a family member deemed incompatible with residence in Italy could be considered not only for the revocation of previously granted authorization but also as grounds for denying its issuance.

The Court ruled that the denial of authorization cannot be based automatically on a conviction for disqualifying offenses; however, such a conviction may be relevant if it constitutes a concrete and current threat to public order or national security. This must be assessed through a thorough case-by-case examination and a balancing of interests, giving priority—though not absolute precedence—to the best interests of the child.

The key principles established by the ruling include:

1. Balancing of Interests: The Court emphasized the importance of balancing the child’s interest in maintaining family unity with public order and national security requirements. This balancing must be conducted concretely, rather than abstractly.
2. Non-Automatic Denial: A conviction for disqualifying offenses does not automatically result in the denial of authorization. A specific assessment of the family member’s conduct and its implications for public order and security is required.
3. Best Interests of the Child: The child’s interest in not being separated from their parents is a priority but not an absolute right. It must be considered in relation to security and public order needs.
4. Thorough Case Examination: The decision to grant or deny authorization must be based on a detailed assessment of the specific circumstances, including the family member’s behavior and its impact on the child.
5. Derogation from Ordinary Rules: Article 31, paragraph 3, allows for exceptions to ordinary immigration rules to protect the child’s best interests. However, these exceptions are not unconditional and must be justified through a concrete examination of the circumstances.

This ruling represents a significant legal clarification, underscoring the need for a balanced and individualized approach in decisions regarding the authorization of residence for family members of foreign minors in Italy.