Kafala and family reunification visa in Italy.
Also the child entrusted by Kafala has the right to the family reunification visa in Italy.
Kafala is a particular institute of Islamic law, by which a child is entrusted to an adult, who is committed to provide for its maintenance and its education. The kafala, unlike the adoption (not provided for in Islamic law), does not produce the effects of filiation and doesn't place the minor in the guardian succession line.
In Italy, there was a jurisprudential discussion on the recognition of the kafala, especially about the family reunification visa. In fact, in the past years the most of visa applications for family reunification submitted on behalf of minor entrusted via kafala, were rejected by Italian consulates. But now the Supreme Court has drawn an unitary guidance about kafala and family reunification visa.
The Supreme Court said that in the conflict between the protection of children and the need of the protection of the borders, it is necessary to give priority to the protection of foreign children and his interests. The exclusion of family reunification for minors entrusted by kafala, would penalize children from Islamic countries, where this institution is the only form of protection of the minors.
The New York Convention on the Rights of the Child has expressly declared that kafala is a successful child protection measure.
The Supreme Court also expressed, in accordance with art. 363 Code of Civil Procedure, the following principle of law: "the visa for family reunification cannot be refused to the minors entrusted via kafala".
If you need legal assistance for visa refusal, don't hesitate to contact us (click here).
Please, see also:
Published on 16 June 2016
The use of this content is permitted only by indicating source (link) and author