Refugee violates the quarantine, the Tar: “Do not take away his board and lodging”

Food, shelter and clothing do not touch. The Senegalese refugee who had violated the quarantine, moving away from the structure that housed it, cannot be deprived of it. The TAR of Liguria reiterated this in the sentence with which it gave reason to an applicant for international protection, canceling the provision adopted at first by the prefecture of Genoa against him. Following some intemperance reported by the managers of the Cas in which he was staying, the man had in fact seen some revocation reception measures. Thus, he had appealed against the Ministry of the Interior.

In the end, the judges agreed with him. In particular, the Senegalese had challenged the provision by which the prefecture of Genoa deprived him of the concession of food, lodging and clothing; this resolution was issued as “as reported by the managers, the foreigner had repeatedly moved away from the structure during the period of mandatory quarantine to which he was subjected“. The applicant for international protection, for his part, defended himself by admitting that he had left, but stating that he had done so”on two occasions“. Or, “to go to work and to undergo the second dose“of the anti-Covid vaccination.

The prefecture had revoked the aforementioned reception measures but according to the TAR this measure it was not to be issued. “The principles of the Court of Justice of the European Union apply“, explained the administrative court. The judges also noted that”an EU State cannot provide for a sanction consisting in revoking, albeit temporarily, the material reception conditions relating to accommodation, food or clothing, since it would have the effect of depriving the applicant for protection of the possibility of satisfying his most basic needs“.

According to the resolution of the TAR, rather, “can be predicted other sanctions that produce less radical effects“, eg the move of the subject “in a separate part of the reception center, with a prohibition on contact with residents of the center, or its transfer to another reception center or to another accommodation“.

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