Requirements for obtaining special protection a decision of the Tribunal of Venice

Requirements for obtaining special protection: a decision of the Tribunal of Venice Welcome to a new episode of the podcast “Immigration Law”.My name is Fabio Loscerbo, immigration lawyer. In this episode we discuss a recent decision of the Tribunal of Venice, Specialized Section for Immigration, issued on 22 January 2026, in proceedings registered under general register number 25614 of 2024, concerning the recognition of a residence permit for special protection. This decision is particularly relevant because it clarifies the elements that courts consider when evaluating whether a person is entitled to this form of protection. The Tribunal recalls that special protection is based on Article 19 of the Italian Consolidated Immigration Act, which prevents the expulsion of a foreign national when removal from Italy would lead to a violation of fundamental rights, especially the right to respect for private and family life. In the case examined by the Tribunal of Venice, the judges carried out the typical comparative assessment required by case law. This means comparing two situations: the life the person has built in Italy and the situation the person would face if returned to the country of origin. The documents submitted in the proceedings showed a concrete path of integration in Italy. The applicant had a regular employment contract, received a stable income, had signed a housing lease, and had attended professional training courses. These elements demonstrated a genuine integration into the Italian social and economic environment. The court also noted that there were no criminal convictions and no elements suggesting a risk to public order or national security. Considering these circumstances, the Tribunal concluded that forcing the applicant to leave Italy would result in a serious interference with the right to private and social life that had already been established in the country. For this reason, the court recognized the right to a residence permit for special protection. This decision confirms an increasingly clear trend in Italian case law: special protection may be granted when a foreign national demonstrates a real and concrete level of social and economic integration in Italy, especially through stable work, housing and participation in the social life of the community. Thank you for listening to this episode of the podcast “Immigration Law”.My name is Fabio Loscerbo, and I look forward to speaking with you again in the next episode.Questo episodio include contenuti generati dall’IA.