The TAR Calabria and the Jurisdiction of the Ordinary Court in Family Residence Permits

 🎙️ Podcast Title:

The TAR Calabria and the Jurisdiction of the Ordinary Court in Family Residence Permits

🎧 Podcast Script:
Welcome to a new episode of Immigration Law with lawyer Fabio Loscerbo.

Today we’ll discuss a recent decision by the Regional Administrative Court of Calabria, Reggio Calabria section — judgment no. 618 of September 23, 2025.
The court declared inadmissible an appeal filed against the rejection of a residence permit renewal, ruling that the matter does not fall under administrative jurisdiction but rather under the competence of the ordinary court.

The case concerned a foreign citizen who had applied to renew his residence permit. The administration rejected the request because the applicant had been absent from Italy for more than six months, in violation of the Presidential Decree no. 394 of 1999.
However, the applicant submitted medical documents proving a long period of hospitalization and rehabilitation therapy due to serious health issues.

The TAR clarified that the application should be interpreted as a request for renewal based on family reasons, not work-related ones. Therefore, it concerns a subjective right falling under the jurisdiction of the ordinary court.

With this decision, the Tribunal reaffirmed a well-established principle: disputes concerning residence permits for family reasons and the right to family unity fall under the competence of the ordinary judge, not the administrative one.

An important ruling that once again underlines the need to distinguish between fundamental human rights and the administrative authority’s powers.

🎤 Avv. Fabio Loscerbo