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Levels of International Protection Terminology and Phases
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UN Universal Declaration of Human Rights Article 14 “Everyone has the right to seek and to enjoy other countries asylum from persecution.”
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Terminology Refugee : An individual who has been forced out of his home country because of significant risk of persecution (based on differences of race, nationality, sexual orientation, religious belief, etc.), and who is unable to receive protection from persecution from his home country’s government. One does not need to have already been victim to persecution, but may also have the legitimate fear of exposure to persecution
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Terminology International Protection Seeker : A person who has applied for refugee status, or is waiting for some other form of protection The Dublin Regulation : (Dublin III) Law concerning migration and asylum seekers. One must register in the first country where: You arrived You were issued a permit or visa (if an unaccompanied minor) Where your relative is regularly located Where your relative is located who was recognized as a refugee
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The Dublin Regulation Goal To deter multiple asylum claims To determine the responsible Member State as quickly as possible To ensure a Member State is responsible for the examination of the asylum process. Problems Causes serious delays in the asylum process Forces the integration of refugees into countries that they may not have a connection with Separation of families Excessive use of detention to enforce transfers High numbers of unemployment
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Two Types of Protection in Italy
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Phases
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Phase 1 : Request For International Protection
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Standard Form C/3 Questions
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Government Hosting
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Phase 2 : The Hearing 30 Days from the submission of the application Your application is reviewed by the Territorial Commission for Recognition of International Protection. The Commission is comprised of: 2 Members of the Ministry of Internal Affairs 1 Representative from the Municipality (or the province or region) 1 Representative from the UNHCR The decision is made by the commission within 3 days
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At the Hearing Questions asked will include: Personal Data (Name, Last Name, Date of Birth, Etc.) Data about your Relatives (Names, Locations, Etc.) Reason for leaving your home country Why you do not/ cannot return to your home country If necessary, an interpreter will be present Before the hearing, if you would like, you can request to have an interview with only one member of the commission of the same sex.
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Possible Phase : Hosted at a Government Center
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Government Asylum Centers
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Leaving the Center
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Phase 3 : Decision There are 5 different decisions that the Commission can make regarding your application for asylum. Refugee Status is Recognized Subsidiary Protection Granted Refusal to Recognize Refugee Status, but Administered Permit of Stay for Humanitarian Reasons Refusal to Recognize Refugee Status and Reject the Request Rejection of the Petition for Clear Lack of Foundation
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Refugee Status is Recognized If the Commission returns the decision that your refugee status is recognized, you receive the following rights: Access to work Right to family reunion Right to social assistance Right to public education Right to move freely within the EU (except for Denmark and Great Britain) without a visa for a period of not more than three months Right to apply for Italian citizenship after 5 years of residence in Italy Right to marriage Right to participate at the assignment of public housing Right to be issued a driver’s license Right to be granted travel documentation**
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Subsidiary Protection Granted If the Commission returns the decision to grant you Subsidiary Protection, you will receive the following rights: Access to work Right to health assistance Right to family reunion Right to social and sanitary assistance Issuing of travel documents for foreigners, in case you do not have a passport Right to participate in the assignment of public housing Subsidiary Protection is applicable for a duration of 3 years, and is renewable at every expiration date after the Territorial Commission has revaluated your case (sometimes without a new hearing).
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Permit of Stay for Humanitarian Reasons If the Commission returns the decision that your refugee status is not recognized, they may decide that, based on the existence of serious risk should you return to your home country, you will be issued a permit of stay for humanitarian reasons. Collected from police headquarters Duration of 1 year With passport, can be converted into a permit of stay for work Rights You can work in Italian Territory Health Assistance You can apply for a travel document for foreigners, in the case that you do not possess a passport
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Refusal to Recognize Refugee Status The Commission may decide to not recognize your refugee status, and reject your request.
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Rejection of Petition The Commission may reject your petition due to a clear lack of foundation for your request.
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Phase 4 : Recourse to Appeal
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Termination of Refugee Status Possible Grounds for Termination 1.You have voluntarily availed yourself of the protection of your home country Example: Returning to your home country, requested and obtained a passport from the diplomatic authorities of your home country 2.Voluntarily recovered citizenship in your home country 3.Received Italian citizenship or other citizenship, and you enjoy the protection of that country 4.Voluntarily reestablished yourself within your home country 5.The circumstances that determined your declaration of refugee status have changed so that you may return to your home country safely 6.You are a stateless person, and the circumstances that defined this status have changed so that you may return to your home country In regards to the possibilities of numbers 5 and 6, the changes must be non-temporary in nature, so to completely eliminate the fear and of persecution.
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Termination of Subsidiary Protection Possible Grounds for Termination Subsidiary Protection Status can be terminated when the circumstances in your home country that defined this status have changed in such a way that the circumstances are non- temporary, in nature, and that you are no longer at risk of serious danger.
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Contacts for More Information Ministry of the Interior : www.interno.itwww.interno.it State Police : www.poliziadistato.itwww.poliziadistato.it Central Service : www.serviziocentrale.itwww.serviziocentrale.it UNHCR – United Nations High Commission for Refugees Address : via Alberto Caroncini, 19 – 00197 Rome Telephone : 06 802121 Fax : 06 80212324 Email : itaro@unhcr.orgitaro@unhcr.org
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Contacts for More Information IOM – International Organization for Migration Address : via Nomentana, 62 – 00161 Rome Telephone : 06 44231428 Fax : 06 4402533 Email : MRFRome@iom.intMRFRome@iom.int CIR – Consiglio Italiano per I Rifugiati Address : via of the Velabro 5/A – 00186 Rome Telephone 06 69200114 Fax : 0669200116 Email : cir@cir-onlus.org
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Sources Guida Pratica per I Titolari di Protezione Internazionale : International Protection Seekers UN Universal Declaration of Human Rights European Council of Refugees and Exiles – ECRE Studio Legale Canestrini 1. Article of the Geneva Convention of 1951 ____________________________________________________________________________________________________________________________________________________________________________________ **Right to be granted a travel document In order to apply for travel documentation, one must turn over to the police the following: -Application form-Administrative stamp for passport use -2 pictures in passport format-Photocopy of your valid permit of stay -1 revenue stamp Presentation compiled by Haley E. Claffy, Febraio 2016
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