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Revoca dell’accoglienza: Risarcimento da 5 a 20 mila euro

Withdrawal of reception for alleged “sufficient financial means” towards asylum seekers and holders of protection. The associations write to the Prefect of Matera

According to the Italian law 5,900 euros per year are enough to live on. And so, the Interior Ministry is now asking hundreds of asylum seekers for compensation, and revokes their request for reception. To report “to the prefectures those that are individually defined as symptomatic situations of possible conditions of self-sufficiency” should be the managing bodies of the centers, explained Filippo Miraglia dell’Arci. “An unjust and ungenerous request,” he added further.

The Interior Ministry is demanding compensation from working asylum seekers

For the first time since 2015, the year in which the law came into force, the Interior Ministry decided to launch an investigation among the 77,000 asylum seekers housed in Italian centers who found a job.

Among other things, not all foreigners have regular contracts. This is precisely where the unusual request arises: “The managing bodies are invited to report promptly and without delay the symptomatic situations of possible conditions of self-sufficiency. Such as, for example, the economic availability or the continuous absence of the center during working hours “.

Hundreds and hundreds of asylum seekers, therefore, have seen not only the withdrawal of acceptance delivered. But also compensation ranging from 5 thousand to 20 thousand euros

Hereby, the writers intend to bring to your attention some considerations regarding the revocation of the reception towards asylum seekers and already holders of protection ordered by this Dear Prefecture on the basis of the alleged ascertainment of the sufficiency of economic means.

as known, on 30.09.2015 Legislative Decree 142/2015 entered into force which transposed two important European Union Directives into Italy, Directive 2013/32 / EU and Directive 2013/33 / EU respectively on procedures for the recognition of international protection and for the reception of applicants for International Protection;

  • In art. 14 of the aforementioned decree reads: The applicant who has formalized the application and who is lacking sufficient means to guarantee an adequate quality of life for himself and his family members, has access, with family members, to the reception measures of the Protection system for asylum seekers and refugees (SPRAR) set up by local authorities pursuant to article 1-sexies of decree-law no. 416, converted, with modifications, by the law 28 February 1990, n. 39, and financed by the Fund referred to in Article 1-septies of the same decree, also by way of derogation from the 80 percent limit referred to in paragraph 2 of the same article 1-sexies.

Paragraph 3 of Article 14 of Legislative Decree 142/2015 establishes that: The assessment of the insufficiency of the means of subsistence referred to in paragraph 1 is carried out by the prefecture – Territorial Office of the Government with reference to the annual amount of the social allowance.

  • The INPS, with circular No. 186 published on 21 December 2017, communicated the annual amount of the social allowance with effect from 01 January 2018 which is equal to 5,889.00 euros.
    Starting from 01.01.2019 it is equal to euro 5,953.87 communicated with circular no.122 of 27.12.2018.
  • It is believed that this amount should be considered with reference not to the single monthly payments but to the annual total and that any income received by the applicant, in a more or less long period of time, and less than this threshold will not affect the right of the applicant or holder of international or humanitarian protection at reception.
  • In this case, the employment contracts, if any, are of short duration and the overall amount received by the receptionists does not exceed the amount of 5,889.00 euros (for the year 2018) referred to in INPS circular, as specified above.
  • The reference to income, it is reiterated and emphasized, must be made considering how much received by the host over a year and parameterized to the annual social security allowance.
  • It is not enough that the foreign citizen “appears to have carried out work”, but the adequacy of the means must be ascertained as specified and documented above.
  • Therefore, the revocation of the reception for those persons who carry out work for short periods or a few months which does not allow them to get out of a situation of economic inadequacy such as to allow the members of their family to have a life dignified.

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