“Conviction for Serious Crimes and Residence Permit Renewal: The Lazio Administrative Court Reaffirms the Principle of the Binding Decision”

 🎙️ Podcast Title:

“Conviction for Serious Crimes and Residence Permit Renewal: The Lazio Administrative Court Reaffirms the Principle of the Binding Decision”

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🎧 Podcast Script:

Welcome to a new episode of Immigration Law, with lawyer Fabio Loscerbo.

Today we discuss a recent ruling by the Regional Administrative Court of Lazio (TAR Lazio), decision no. 17262 of 2025, addressing a sensitive issue — the renewal of a residence permit when the applicant has been convicted of crimes considered as obstacles to residence.

The case involved a foreign woman whose request to renew her residence permit was rejected by the Rome Police Headquarters after she was convicted of crimes related to the exploitation of prostitution.
Her defense argued that the conviction was not final and that she had been living in Italy for many years, with a stable path of integration.

However, the Court rejected the appeal, confirming that for certain crimes — such as those listed in Article 4, paragraph 3, of the Italian Immigration Law (Legislative Decree 286/1998) — the refusal of renewal is a binding administrative act, meaning that the authorities have no discretion to assess the individual’s level of danger.

The only exception, the Court recalled, applies when there are genuine and strong family ties in Italy, which require the administration to balance the seriousness of the offense against the right to family life under Article 5, paragraph 5, of Legislative Decree 286/98 and Article 8 of the European Convention on Human Rights (ECHR).

In this case, the applicant failed to prove any family ties in Italy, and therefore, the Court confirmed the lawfulness of the refusal.

This decision reaffirms a well-established principle: when dealing with crimes that cause serious social concern, the law presumes the individual’s dangerousness, making the administrative refusal mandatory.
It’s a judgment that underscores the balance between public security and individual rights, while reminding us of the importance of demonstrating genuine integration in Italy for those seeking to remain lawfully in the country.

I’m lawyer Fabio Loscerbo, and this is Immigration Law, the podcast that explores how judicial decisions can change people’s lives.
See you in the next episode!

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