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Nigerian wins landmark immigration case at Italian Supreme Court

The Supreme Court of Italy has ruled that migrants do not need to hold a permanent work contract to be granted a stay permit for humanitarian reasons.

• October 18, 2022

The Supreme Court of Italy has ruled that migrants do not need to hold a permanent work contract to be granted a stay permit for humanitarian reasons after it ruled in favour of a Nigerian man who attended Italian language classes and had fixed-term employment.

The court held that it was enough for migrants applying for a humanitarian stay permit to learn the Italian language and to be employed but not necessarily have a permanent work contract. The court’s judgment was delivered in September this year.

The unnamed Nigerian migrant had filed an appeal after the Cagliari Court of Appeals denied him a stay permit in January 2021. 

The appeal court said that attending language classes and having a fixed-term work contract was insufficient proof.

The Nigerian migrant showed the court that he had a job and certifications that showed he had a good command of the language.

The apex court remarked on the difficulty for citizens of Italy to get a permanent work contract, adding that the intention to integrate into Italian society should be based on several activities and not only by checking to see if a migrant meets the requirement of having permanent employment.

Schengen Visa Info reports that now that the high court has ruled that migrants can be granted a stay permit even if they do not have a permanent work contract, the Cagliari Court of Appeals will have to grant a stay permit to the Nigerian migrant.

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