Interim decree (Article 35-ter(2) of Legislative Decree 25/2008) · R.G. 18359/2026
Wording of the operative part: «autorizza il ricorrente a rimanere, ai sensi dell'art. 35-ter, commi 4 e 5, d.lgs. n. 25/2008, nei luoghi individuati ai sensi dell'art. 54, par. 3, del Regolamento (UE) 2024/1348»
Unofficial translation of the SOS Patto summary. The original decision or document is available in Italian only.
Headnote
In an appeal against a rejection adopted in the border procedure, the existence of serious and specific grounds — the events recounted to the Commissione and the need to examine further the applicant's possible belonging to a category for which the 20% threshold of Article 42(1), point (j), of Regulation (EU) 2024/1348 is not representative — justifies authorisation to remain under Article 68(4) of Regulation (EU) 2024/1348 and Article 35-ter(4) and (5) of Legislative Decree 25/2008 in the locations identified under Article 54(3) of the Regulation, pending the decision. On expiry of twelve weeks from the registration of the application, the appellant will be authorised to enter the national territory, unless the decision on the appeal is adopted within that period (Article 35-ter(5)).
The Tribunale di Torino (judge Dr. Monica Mastrandrea) authorises the appellant, a national of Bangladesh, to remain in the locations identified under Article 54(3) of Regulation (EU) 2024/1348 pending the decision on the appeal against the rejection adopted in the border procedure.
The administrative determination of 22 September 2026 had applied the border procedure on account of the disembarkation following a search and rescue operation (Article 43(1), point (c)) and of provenance from a country with a recognition rate below 20% (Article 42(1), point (j)), both of Regulation (EU) 2024/1348. The appeal, with a request for authorisation to remain, was lodged on the day after notification, within the five-day time limit of Article 35-ter of Legislative Decree 25/2008.
The decree takes up the formula of the Turin section: there are serious and specific grounds “in the light of the defence's submissions and documents”, having regard to what was reported to the Commissione about the reasons for leaving the country, and it is necessary to examine further the applicant's possible belonging to a category of persons “whose protection needs make it impossible to regard as representative a recognition rate of 20% or less”.
The distinctive feature of the decree is the scope of the authorisation. The Tribunal does not revert the procedure to the ordinary one and applies Article 68(4) of Regulation (EU) 2024/1348 within the framework of the border procedure: the appellant is authorised to remain not in the national territory, but “in the locations identified under Article 54(3)”, and the decree records that, under Article 35-ter(5) of Legislative Decree 25/2008, on expiry of the twelve weeks from the registration of the application, which took place on 29 August 2026, the appellant will be authorised to enter the territory, unless a prior decision is adopted under paragraph 6. The registry communicates the decree to the Prefettura of Asti and to the managing body.
In the same days the Tribunale di Torino, in similar appeals, instead reverted the procedure to the ordinary one on grounds of vulnerability and failure to provide information: Trib. Torino 18361/2026 and Trib. Torino 18357/2026. The decree does not rule on the regularity of the procedure.
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