“It orders the Parma police headquarters to receive and formalize the application for conversion of the applicant’s residence permit”.
It is the decision of the ordinance with which the Court of Bologna recognized a young Gambian, in possession of a residence permit for special cases, the right to file a request for conversion of his document for work purposes.
The Ciac of Parma announces that it is the first sentence of this type in Parma and it is, at the same time, the recognition of a right and the finding of an incorrect practice implemented by public offices. The story, which concluded with the sentence, begins when the migrant asks to convert his residence permit for “special cases” issued before the latest changes by the Meloni Government; on December 5, 2023 he goes to the post office village for fingerprints.
It is at that moment that he is informed, erroneously, that the law has changed and that he is not entitled to conversion. At the same moment – Ciac reconstructs – three things happen: he is forced to sign a paper, written in Italian and without the possibility of translation; all the documents relating to the case were confiscated and no document was issued to him. Only later, thanks to the work of the lawyer Alberto Valenti, it was discovered that the document signed was a renunciation of conversion and that the practice implemented was not foreseen by law. The lawyer, charged with acting to protect the foreign citizen, quickly decides to proceed with the appeal before the Ordinary Court of Bologna.
The sentence arrived on 5 April 2024: it condemned the Parma police headquarters to take charge of the conversion request, clarifying the right of the Gambian to proceed with the conversion request and counteracting the incorrect practice of the Parma offices, in addition to the payment of court costs (almost three thousand euros).
According to the judge, an erroneous interpretation of the so-called Cutro Decree was implemented: denying the submission of the conversion application, having declarations of renunciation signed and simultaneously withdrawing the receipt of the application without releasing anything to the foreigner. According to Ciac, a body for the protection of foreign citizens, this is a sentence of fundamental importance: “The judge – they explain – establishes clearly and clearly that the police headquarters cannot refuse to accept the application for conversion of a residence permit from Casi special to one for Work by implementing an incorrect practice that clearly damages a right. We invite, once again, migrants in possession of a residence permit for special cases to contact the Ciac offices directly for more information and not to listen to those who continue to say that this procedure is not possible”.
Tags: Residence permit Parma police station condemned court Ciac Unfair practice public offices
