Interim decree (Article 35-bis(4) of Legislative Decree 25/2008) · R.G. 18251/2026
Unofficial translation of the SOS Patto summary. The original decision or document is available in Italian only.
Headnote
In an appeal against a decision of manifest unfoundedness taken under Regulation (EU) 2024/1348, authorisation to remain under Article 68 of Regulation (EU) 2024/1348 and Article 35-bis(4) and (4-bis) of Legislative Decree 25/2008 is granted where the record of the interview discloses a factual situation, also involving the appellant's spouse, such as to call for enquiries into whether she belongs to a category of persons for whom the 20% threshold is not representative: in particular the interest of an armed criminal group in the spouse's professional activity and the recourse, which proved fruitless, to the State authorities to obtain protection.
The Tribunale di Torino (judge Dr. Maria Luciana Cristina Dughetti) authorises the appellant to remain in the national territory pending the determination of the proceedings on the merits and orders the Questura to issue her the receipt or a provisional residence permit.
The decree follows the approach of Trib. Torino 18289/2026, issued the same day: the application of Regulation (EU) 2024/1348 being correct, “having regard to the date on which the application was lodged”, the request for suspension is characterised as a request for authorisation to remain under Article 68 of Regulation (EU) 2024/1348 and Article 35-bis(4) and (4-bis) of Legislative Decree 25/2008, because for a decision of manifest unfoundedness the Regulation excludes automatic suspensive effect. Unlike in that case, here the Ministry had filed defence submissions within the three days.
The distinctive point of the decree is the nature of the facts that make enquiries necessary: the situation that emerged at the interview “involves not only the appellant, but also her spouse”, and what was stated about “the interest of the armed criminal group in the professional activity of the appellant's spouse and the fact of the recourse to the State authorities for protection, apparently without any useful outcome” deserves “careful examination”.
The risk arising from a family member's activity and the absence of State protection are therefore regarded, at the interim stage, as capable of casting doubt on the applicant's belonging to the general profile on which the 20% threshold of Article 42(1), point (j), of Regulation (EU) 2024/1348 is calculated.
The decree anticipates no assessment of credibility or of the merits: the events are indicated as the subject of further investigation, and the receipt or provisional permit ordered of the Questura are the consequence of this under Article 35-bis(4-bis) of Legislative Decree 25/2008.
The decree is to be read with Trib. Torino 18822/2026 and Trib. Torino 18229/2026: the Turin section decides the interim phase on Article 68(4) of Regulation (EU) 2024/1348, without ruling on the regularity of the accelerated procedure.
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