Tribunal of Turin, 31 July 2026

The Tribunal of Turin (judge M. Luciana Cristina Dughetti) suspended the enforceability of the contested refusal, granting the request for authorisation to remain lodged with the appeal pursuant to Article 35-bis(4) of Legislative Decree 25/2008, in the text resulting from Decree-Law 100/2026, which reserves that remedy for the cases of Article 68(3) of Regulation (EU) 2024/1348. The Ministry of the Interior did not file defence notes within the three days from service.

The category derogation to Article 42(1), point (j)

The Tribunal finds “detailed grounds” in the light of the defence's submissions, “with particular regard to what was reported to the Commission about the events that allegedly led the applicant to leave the country”, and adds:

“it appears necessary to examine further the question of the applicant's possible membership of a category of persons ‘whose protection needs prevent a recognition rate of 20% or lower from being considered representative, taking into account, inter alia, the significant differences between first-instance decisions and final decisions’, a provision derogating from the administrative choice to handle the application under the accelerated procedure, pursuant to Article 42 paragraph, point (j) of Regulation 1348/2024”.

The second safeguard clause of point (j) — the one on categories for which the statistical figure is not representative — is thus given weight as a limit on the administrative choice, and not merely as a necessary content of the statement of reasons. It is a step beyond Trib. Palermo, R.G. 9739/2026, where the defect sanctioned is the lack of reasoning in the determination: here the judge considers it necessary to examine further on the merits membership of one of those categories, shifting the assessment to the judicial investigation. The procedure is also different: the Sicilian cases go through Article 35-ter of Legislative Decree 25/2008 (border procedure), this one through Article 35-bis(4) (accelerated procedure without border).

The operative part

In addition to the suspension, the Tribunal orders the Questura to issue the appellant the receipt or a provisional residence permit pending the outcome of the proceedings. It then gives the Commissione territoriale twenty days for the defence note and for the transmission of the application, of the video recording of the interview where available (Article 14(1) of Legislative Decree 25/2008), of the record of the hearing and of the entire documentation obtained, including that on the situation in the country of origin. An appeal against the decree (reclamo) lies to the Court of Appeal within five days.

Note. The decree does not name the applicant or his nationality. According to the defence he was a Peruvian national, a businessman who was the victim of extortion by a criminal group, and membership of a category not safe in the country of origin had been argued also with the Government's report to Parliament on the so-called safe countries: elements that cannot be inferred from the text of the decision.