Interim decree (Article 35-ter(2) of Legislative Decree 25/2008) · R.G. 18361/2026
Wording of the operative part: «dichiara che il ricorso produce effetto sospensivo automatico ai sensi dell'art. 68, par. 1, del Regolamento (UE) 2024/1348 e, per l'effetto, sospende l'efficacia esecutiva del provvedimento impugnato»
Unofficial translation of the SOS Patto summary. The original decision or document is available in Italian only.
Headnote
Under Article 53(2), point (a), of Regulation (EU) 2024/1348, the border procedure ceases at any stage where the grounds for the accelerated examination procedure no longer apply. Where the file and the appeal disclose elements from which it may be inferred that the applicant, by reason of the sexual orientation declared at the interview, belongs to a category of persons for whom the 20% threshold is not representative, the premise of Article 42(1), point (j), no longer holds. The indicators of discrimination and violence suffered on account of sexual orientation also make the applicant deserving of the special procedural guarantees of Article 21 and, a fortiori, of the information guarantees of Article 8, which do not appear to have been provided where the file contains only the screening form and not the information leaflet. The application reverts to the ordinary procedure, Article 35-bis of Legislative Decree 25/2008 applies and the appeal has automatic suspensive effect.
The Tribunale di Torino (judge Dr. Valerio Brecciaroli) finds that the conditions for the accelerated border procedure are not met, orders that the proceedings continue under the procedure of Article 35-bis of Legislative Decree 25/2008, declares that the appeal has automatic suspensive effect and orders the issue of the document provided for by Article 4(4) of Legislative Decree 142/2015.
The applicant, a national of Bangladesh who disembarked after a search and rescue operation, had been subjected to the border procedure by a determination of 8 September 2026, on the basis of Article 42(1), point (j), of Regulation (EU) 2024/1348. The defence had challenged the procedure and requested authorisation to remain.
The decree starts from Article 53(2), point (a), of Regulation (EU) 2024/1348: the border procedure ceases “at any stage” where the grounds for the accelerated examination procedure are not, or are no longer, applicable. The file and the appeal disclose elements requiring closer examination and from which it may be inferred that the appellant, “by reason of his sexual orientation (as declared during the interview)”, belongs to a category of persons for whom the 20% rate is not representative.
The same profile is relevant under Article 21(2) of Regulation (EU) 2024/1348: the indicators of discrimination and violence suffered on account of sexual orientation make the appellant deserving of the special procedural guarantees “and a fortiori of the information guarantees laid down in Article 8”, referred to by Article 43 as a condition of the border procedure. The file contained “only the ‘screening form’”, but no document showing that the information required by Article 8 had been provided, “e.g. the leaflet referred to in paragraph 7”.
In the same days the Tribunale di Torino decided similar appeals against decisions taken in the border procedure, with differing outcomes: on reverting to the ordinary procedure, see Trib. Torino 18357/2026 and, for the case in which the Tribunal merely authorised the applicant to remain in the border locations, Trib. Torino 18359/2026.
Related provisions