Italy: Presidential Decree No. 136 of 1990: Regulations for Implementation of Art. 1, Para. 2 of Decree-Law No. 416 of 1989, converted with Amendments, into Law No. 39 of 1990, regarding Recognition of Refugee Status (abrogated)
Date of entry into force:23 June 1990
This legislation includes amendments up to and including: 1990
This decree sets up a new procedure for determining refugee status.The Joint Eligibility Commission was replaced in March 1991 by a five-member Central Commission, with UNHCR participating in a consultative capacity.
1.For purposes of the procedure set forth in the present Regulations, everyfrontier police post, upon receiving an application for the granting ofrefugee status under article 1, paragraph 5 of Legislative Decree No. 416 of30 December 1989 confirmed as law with amendments by Act No. 39 of28 February 1990, provided always that none of the grounds of exclusion set forth in paragraph 4 of that same article 1 apply, shall invite the applicantto chose a place of residence, and to approach the police station competent for the territory and submit to it the application. Destitute applicantsshall be issued with a travel voucher.
2. The police station shall take down particulars of the applicant's identity, of his description as a refugee and of the supporting documents produced or even obtained on its own motion, shall draw up a record of the applicant's statements and, provided always that none of the grounds for exclusion set forth in article 1, paragraph 4 of the above-mentioned Legislative Decree apply, shall forward within seven days all the inquiry documents to the Commission mentioned in article 2, and shall issue to theapplicant a temporary residence permit valid until the completion of the procedure.
1.A Central Commission for the Granting of Refugee Status shall be appointed by decree of the Prime Minister on the proposal of the Minister forthe Interior and the Minister for Foreign Affairs. The Commission shall be presided over by a Police Commissioner (prefetto) and shall comprise a servingsenior official from the Office of the Prime Minister, an official of the Ministry for Foreign Affairs not lower in rank than Counsellor of Legation, and two officials of the Ministry for the Interior of a rank not lower thanFirst Officer, one of them from the Public Security Division and the other from the Division of General Civil Services. A representative of the Delegatein Italy of the United Nations High Commissioner for Refugees shall participate in an advisory capacity.
2. The Prime Minister may set up, with the criteria set forth in paragraph 1, sections to cover specific geographical areas where the variousapplicants originate.
3. In the event of a number of such sections being set up, a Council consisting of all the Chairmen shall be established, to be presided over by the Chairman of the main Commission.
4. The said Council shall lay down guidelines and rules for the activitiesof the sections.
5. Every department concerned shall appoint an alternate for each of its members on the Commission and its sections.
1.Every applicant for refugee status shall, if he so requests, be heard personally by the Commission. The applicant shall be entitled to speak in hisown language or, if that language is not understood by any member of the Commission, he may speak in French, English or Spanish. If the applicant doesnot know any of these languages, the Commission may appoint an interpreter, as required.
2. The Commission may also, if it deems it advisable, decide on its own motion that the applicant shall be heard personally, with the safeguards setforth in paragraph 1.
3. The Commission shall arrive at its decision within 15 days of receivingthe application. The decision, which must contain supporting grounds, shallbe notified in writing to the person concerned.
1.An appropriate certificate shall be issued by the Commission to every alien to whom refugee status is granted.
2. The Police Commissioner shall grant a permit to reside on Italian territory to every alien who has been granted refugee status.
1.When the Central Commission mentioned in article 2 rejects an applicationfor refugee status, the applicant must leave Italian territory, observing the provisions of article 7, paragraph 6, of Legislative Decree No. 416 of30 December 1989 confirmed as law with amendments by Act No. 39 of28 February 1990, unless a residence permit on different grounds is granted.
1.The powers of the Joint Eligibility Commission set up under Inter-Ministerial Decree of 12 January 1989 shall be extended until the Commission mentioned in article 2 begins to function.
2. All matters not expressly covered by the present Regulations shall be governed by the applicable provisions of the legislation previously in forceon the subject of refugees and that of the entry of aliens into Italianterritory and sojourn therein.
The present decree, bearing the seal of State, shall be entered in the official Register of legislative instruments of the Italian Republic. All concerned shall be under a duty to observe it and to see that it is observed.
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