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Appeals and deadlines after a refusal

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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

  1. Find the notification date. The deadline runs from notification, not from when you read it.
  2. Contact free legal help the same day (protection-free-help-directory). Ask the lawyer to confirm your deadline.
  3. 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).
  4. 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.
  5. 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.
  6. 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

Last verified: 2026-10-20 Report an error