Court: Irregular parents of school going children can be deported

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Court: Irregular parents of school going children can be deported

Monday, 15 March 2010 14:52 |

Irregular immigrants must be expelled even if they have minor children going to school in Italy, Cassation Court has ruled.

The Court rejected an appeal by an irregular Albanian, a father of two minor children and a husband of a woman who has applied for and is waiting to be granted Italian citizenship.

The man was asking to be allowed to remain in Italy to stay close to his children, saying that his going away would lead to serious impoverishment of the children’s feelings and affect their future.

In his appeal, the man cited the norms in the Immigration Law which safeguard family unity. He in particular cited Article 31 which says that due to serious reasons linked to the physical and psychological growth of the minor, taking into consideration the age and health conditions of the minor in the Italian territory, the Tribunal for Minors can allow either the entry or stay in Italy of the family member.

But according to the judges, Article 31 cannot be applied in this case because its application only depends on the existence of special circumstances.

Education of children and the fact that they have stable friendships cannot be considered an extraordinary reason for allowing irregular immigrants to remain in the country, the Court ruled.

The Court explained that allowing irregular immigrants to stay in the country because they have minor children going to school would lead to legitimization of the presence of irregular immigrants by taking advantage of the minor children.

According to the Supreme Court, the country’s interest in protecting its borders is more important that the child’s need to undergo the ordinary process of obtaining education through the assistance of a parent who instead should be sent away from the national territory.

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