Italy’s supreme court rules in favour of Nigerian migrant denied stay permit
The Italian Supreme Court has ruled that migrants do not need to hold a permanent work contract in order to be granted a stay permit for humanitarian reasons.
The apex court’s ruling favoured an appeal filed by a Nigerian migrant after he was denied a stay permit by the Cagliari Court of Appeals in January 2021.
According to ANSA, the Cagliari Court of Appeals said attending language classes and having a fixed-term work contract was not sufficient proof.
But the Supreme Court said it is enough for migrants applying for a humanitarian stay permit to have learned the Italian language and to be employed, but not necessarily hold a permanent work contract, SchengenVisaInfo.com reports.
The court stated that these two conditions are enough for migrants to be able to prove their will to integrate into Italian society. The ruling was made for the Nigerian man who attended Italian language classes and had fixed-term employment, ANSA explains.
Even though the ruling was made for the Nigerian, the same rules will apply to other migrants too.
With the Supreme Court ruling, migrants can be granted a stay permit even if they do not have a permanent work contract. The Cagliari Court of Appeals will have to grant a stay permit to the Nigerian migrant.
The apex court noted that it is difficult even for citizens of Italy to get a permanent work contract and, adding that the intention to integrate into the Italian society should be based on several activities, and not only by checking to see if a migrant meets the requirement of having permanent employment.
Furthermore, the court emphasised that working and training are enough evidence for a migrant to be permitted to stay in Italy.
The Nigerian migrant presented proof to the court showing that he had a job. Additionally, he also presented certificates which showed that he had achieved good command of the language.