If you have already applied for asylum once but you think that there are new elements to help the Territorial Commission to examine your asylum claim, you can file a second request for international protection.
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If you think that there are new elements that the Territorial Commission should consider to assess your need to receive an international protection, you may want to reiterate your asylum claim, or ”domanda di protezione reiterata” in Italian.
This is possible if you have applied for asylum already, and even if you’ve gotten a negative response from the Territorial Commission.
What does “new elements” mean?
When we talk about “new elements” we mean new developments in your country of origin that might cause:
- Individual persecution
- Torture, inhuman, or degrading treatment or punishment
- Serious and individual threat to your life because of indiscriminate violence due to conflicts or wars
It also includes:
- New documentation or evidence you could not produce the first time you applied for asylum
- Changes in the situation of your home country, that makes it dangerous for you to go back
Moreover, if you are well integrated in Italy or you have family ties here, you could submit a reiterata as well, since these are conditions that may make you eligible for protezione speciale.
You can submit a domanda di protezione reiterata in the following cases:
- If you cancelled your first asylum application
- If you did not appeal on the Territorial Commission’s decision on your first application and the deadline to appeal has passed
- After all the possible stages of appeal on the Territorial Commission’s decision on your first application have been exhausted - even after Cassazione
- If the Commission rejected or extinct your request (“provvedimento di estinzione della domanda” in Italian) because you left without authorization or you failed to return to your reception center or you did not respect the detention measures imposed on you.
There is no deadline for submitting a domanda reiterata. You can apply for reiterata at any time if you believe there is new information that the Commission should consider in your case.
If you submit a domanda reiterata, this procedure will have no effect on the permit you now hold (e.g. a work permit). However, we suggest you talk with your lawyer to carefully consider all your options.
If you received an expulsion order
If you reiterated your asylum claim and you received a decision before October 22, 2020: According to the Salvini Decree, if you submit a domanda reiterata when you are about to be expelled from Italy - including if you are staying at a detention center for repatriation - your application will be automatically considered inadmissible and your case will not be examined.
If you have reiterated your asylum claim or you were waiting for a decision on your reiterata request on October 22, 2020 or later: On October 5, 2020, the Italian government approved a modification of the Salvini Decree.
Now, if you submit a domanda reiterata when you are about to be expelled from Italy - particularly if you are staying at a detention center for repatriation - your application will not be automatically considered inadmissible anymore. The Territorial Commission will evaluate your domanda reiterata within three days. If the Territorial Commission considers that there are no new relevant elements, your application will not be assessed and will therefore be declared inadmissible, or “inammissibile” in Italian.
Just like for the first application, you should present the domanda reiterata to the Questura. You will have to fill a new C3 form.
Once you file your new asylum application, the domanda reiterata undergoes a preliminary assessment, “esame preliminare” in Italian.
At this stage, there will not be a new interview. The Territorial Commission evaluates only the new elements you brought up in your C3.
If the Territorial Commission decides that the domanda reiterata reveals new relevant elements on your personal situation or on the situation in your country of origin, you will be interviewed again.
If the Territorial Commission considers that there are no new relevant elements, your application will not be assessed and will therefore be declared inadmissible within 5 days.
Depending on your particular case, Italian authorities will tell you if you have the right to stay in Italy until the Territorial Commission makes a decision on your reiterate request..
Can I appeal if my domanda reiterata is considered inadmissible?
If you do not agree with the Territorial Commission's decision, you may ask a judge to re-examine it. For this, you will need the support of a lawyer.
Please note that you have a maximum of 30 days to appeal the decision. The deadline (30 or 15 days, based on the case) is normally specified at the bottom of the decision.
Learn more: Appealing your asylum decision
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