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Short answer
How to challenge a negative or partial decision, the short deadlines, and how to get a free lawyer.
Information, not legal advice. MovItaly is not a law firm. Check with the questura or consulate before you act.
Who is this for
People whose application was refused, or who were given a lower protection than they sought. A refusal is not the end. Deadlines are short, so act the same week.
Requirements
A written decision from the Territorial Commission. An appeal must be filed by a lawyer.
Steps
- Find the notification date. The deadline runs from notification, not from when you read it.
- Contact free legal help the same day (protection-free-help-directory). Ask the lawyer to confirm your deadline.
- Deadlines (AIDA, July 2026; TO VERIFY against the current text of DL 100/2026):
- Ordinary appeal: 30 days from notification (60 days if you are abroad).
- Accelerated procedure: 7 days.
- Border procedure: 5 days, with the court deciding within about 12 weeks of registration.
- Appeal to the Court of Cassation (points of law only): 30 days (reported as 10 days in some border cases).
- Right to stay. In the ordinary procedure the appeal normally suspends the decision and you may stay. In accelerated and border cases, and some others, it does not suspend automatically: your lawyer must ask the judge for authorization to remain, and this request must be in the appeal itself or it can be declared inadmissible.
- Legal aid. If your income is below the legal limit the state pays your lawyer (patrocinio a spese dello Stato). The lawyer prepares the request.
- Hearing. The judge may hear you in person or review the recording of your interview.
Costs & timing
Free if legal aid is granted. Courts should take months; delays are common.
Common mistakes
- Missing the deadline because the notice went to an old address.
- Paying someone who promises a result. No one can guarantee an outcome.
- Not adding new evidence such as documents or medical reports.
- Relying on the decision text for the court and deadline. It is sometimes wrong; ask a lawyer.
Where to get help
Free, confidential help exists. You never need to pay anyone to apply or to appeal. See "Free help for people seeking protection" (protection-free-help-directory) and the UNHCR Italy help site (https://help.unhcr.org/italy/). If you are in danger now, call 112 (free emergency number).
Sources
- Italy Country Report, 2025 Update (July 2026) (AIDA / ECRE)
- Decree-Law 12 June 2026, n. 100 (EU Pact implementation) (Gazzetta Ufficiale / Normattiva)
- Asylum and international protection (Ministero dell'Interno)
- Help Italy (UNHCR)
- Immigration and asylum (Ministero dell Interno)