Sign up to save your podcasts
Or
Share Revocation of Long-Term Residence Permit and Prolonged Absence_ When Illness Justifies a Late Return to Italy
Share to email
Share to Facebook
Share to X
Share to email
Share to Facebook
Share to X
Or
Revocation of Long-Term Residence Permit and Prolonged Absence_ When Illness Justifies a Late Return to Italy
🎙️ Title: Revocation of Long-Term Residence Permit and Prolonged Absence: When Illness Justifies a Late Return to Italy I am lawyer Fabio Loscerbo, and this is a new episode of the Immigration Law podcast.
Today we discuss a judgment of the Regional Administrative Court for Friuli Venezia Giulia, First Section, number 381 of 2025, published on September 13, 2025, which addresses a crucial issue: the revocation of a long-term residence permit due to absence from the European Union for more than twelve consecutive months. The case concerns a Tunisian citizen who had been living in Italy since 2001 and held a long-term residence permit for employment purposes.
The Police Headquarters of Pordenone revoked his residence permit, claiming that he had remained abroad — in Tunisia — for over a year between 2017 and 2019.
The authorities also rejected his request to update the residence document, disregarding the medical certificates he had presented to justify his absence, caused by a serious health condition that required prolonged treatment. The applicant appealed the decision, arguing that the administration had ignored his explanations, violated the principles of proportionality and good administration, and failed to consider his strong integration in Italy and his long residence in the country. The TAR Friuli Venezia Giulia, in its judgment no. 381 of 2025, annulled the decision of the Police Headquarters.
The Court stated that Article 9, paragraph 7, letter (d), of Legislative Decree no. 286 of 1998 — which allows for the revocation of a long-term residence permit after twelve months of uninterrupted absence from EU territory — must not be applied automatically.
The administration, the Court explained, has a duty to assess whether there are serious and documented reasons, such as medical treatment or other exceptional circumstances, that justify the absence. The judges emphasized that a mechanical application of the rule would violate the principle of substantive equality and the constitutional and international guarantees protecting the fundamental rights of the individual.
Therefore, the administration should have examined the medical documentation before proceeding with the revocation. The Court annulled the revocation order and required the administration to reassess the applicant’s situation, verifying whether the health-related reasons could legitimately justify the period spent abroad. The costs were compensated due to the existing differences in case law on this issue. This decision reaffirms a fundamental principle: the long-term residence permit cannot be revoked automatically.
Public authorities must always evaluate the specific personal circumstances of the foreign national, especially when illness or other serious causes are involved. This was Immigration Law.
I am lawyer Fabio Loscerbo, and I invite you to follow the next episodes.
Today we discuss a judgment of the Regional Administrative Court for Friuli Venezia Giulia, First Section, number 381 of 2025, published on September 13, 2025, which addresses a crucial issue: the revocation of a long-term residence permit due to absence from the European Union for more than twelve consecutive months. The case concerns a Tunisian citizen who had been living in Italy since 2001 and held a long-term residence permit for employment purposes.
The Police Headquarters of Pordenone revoked his residence permit, claiming that he had remained abroad — in Tunisia — for over a year between 2017 and 2019.
The authorities also rejected his request to update the residence document, disregarding the medical certificates he had presented to justify his absence, caused by a serious health condition that required prolonged treatment. The applicant appealed the decision, arguing that the administration had ignored his explanations, violated the principles of proportionality and good administration, and failed to consider his strong integration in Italy and his long residence in the country. The TAR Friuli Venezia Giulia, in its judgment no. 381 of 2025, annulled the decision of the Police Headquarters.
The Court stated that Article 9, paragraph 7, letter (d), of Legislative Decree no. 286 of 1998 — which allows for the revocation of a long-term residence permit after twelve months of uninterrupted absence from EU territory — must not be applied automatically.
The administration, the Court explained, has a duty to assess whether there are serious and documented reasons, such as medical treatment or other exceptional circumstances, that justify the absence. The judges emphasized that a mechanical application of the rule would violate the principle of substantive equality and the constitutional and international guarantees protecting the fundamental rights of the individual.
Therefore, the administration should have examined the medical documentation before proceeding with the revocation. The Court annulled the revocation order and required the administration to reassess the applicant’s situation, verifying whether the health-related reasons could legitimately justify the period spent abroad. The costs were compensated due to the existing differences in case law on this issue. This decision reaffirms a fundamental principle: the long-term residence permit cannot be revoked automatically.
Public authorities must always evaluate the specific personal circumstances of the foreign national, especially when illness or other serious causes are involved. This was Immigration Law.
I am lawyer Fabio Loscerbo, and I invite you to follow the next episodes.
View all episodes
By Avv. Fabio Loscerbo🎙️ Title: Revocation of Long-Term Residence Permit and Prolonged Absence: When Illness Justifies a Late Return to Italy I am lawyer Fabio Loscerbo, and this is a new episode of the Immigration Law podcast.
Today we discuss a judgment of the Regional Administrative Court for Friuli Venezia Giulia, First Section, number 381 of 2025, published on September 13, 2025, which addresses a crucial issue: the revocation of a long-term residence permit due to absence from the European Union for more than twelve consecutive months. The case concerns a Tunisian citizen who had been living in Italy since 2001 and held a long-term residence permit for employment purposes.
The Police Headquarters of Pordenone revoked his residence permit, claiming that he had remained abroad — in Tunisia — for over a year between 2017 and 2019.
The authorities also rejected his request to update the residence document, disregarding the medical certificates he had presented to justify his absence, caused by a serious health condition that required prolonged treatment. The applicant appealed the decision, arguing that the administration had ignored his explanations, violated the principles of proportionality and good administration, and failed to consider his strong integration in Italy and his long residence in the country. The TAR Friuli Venezia Giulia, in its judgment no. 381 of 2025, annulled the decision of the Police Headquarters.
The Court stated that Article 9, paragraph 7, letter (d), of Legislative Decree no. 286 of 1998 — which allows for the revocation of a long-term residence permit after twelve months of uninterrupted absence from EU territory — must not be applied automatically.
The administration, the Court explained, has a duty to assess whether there are serious and documented reasons, such as medical treatment or other exceptional circumstances, that justify the absence. The judges emphasized that a mechanical application of the rule would violate the principle of substantive equality and the constitutional and international guarantees protecting the fundamental rights of the individual.
Therefore, the administration should have examined the medical documentation before proceeding with the revocation. The Court annulled the revocation order and required the administration to reassess the applicant’s situation, verifying whether the health-related reasons could legitimately justify the period spent abroad. The costs were compensated due to the existing differences in case law on this issue. This decision reaffirms a fundamental principle: the long-term residence permit cannot be revoked automatically.
Public authorities must always evaluate the specific personal circumstances of the foreign national, especially when illness or other serious causes are involved. This was Immigration Law.
I am lawyer Fabio Loscerbo, and I invite you to follow the next episodes.
Today we discuss a judgment of the Regional Administrative Court for Friuli Venezia Giulia, First Section, number 381 of 2025, published on September 13, 2025, which addresses a crucial issue: the revocation of a long-term residence permit due to absence from the European Union for more than twelve consecutive months. The case concerns a Tunisian citizen who had been living in Italy since 2001 and held a long-term residence permit for employment purposes.
The Police Headquarters of Pordenone revoked his residence permit, claiming that he had remained abroad — in Tunisia — for over a year between 2017 and 2019.
The authorities also rejected his request to update the residence document, disregarding the medical certificates he had presented to justify his absence, caused by a serious health condition that required prolonged treatment. The applicant appealed the decision, arguing that the administration had ignored his explanations, violated the principles of proportionality and good administration, and failed to consider his strong integration in Italy and his long residence in the country. The TAR Friuli Venezia Giulia, in its judgment no. 381 of 2025, annulled the decision of the Police Headquarters.
The Court stated that Article 9, paragraph 7, letter (d), of Legislative Decree no. 286 of 1998 — which allows for the revocation of a long-term residence permit after twelve months of uninterrupted absence from EU territory — must not be applied automatically.
The administration, the Court explained, has a duty to assess whether there are serious and documented reasons, such as medical treatment or other exceptional circumstances, that justify the absence. The judges emphasized that a mechanical application of the rule would violate the principle of substantive equality and the constitutional and international guarantees protecting the fundamental rights of the individual.
Therefore, the administration should have examined the medical documentation before proceeding with the revocation. The Court annulled the revocation order and required the administration to reassess the applicant’s situation, verifying whether the health-related reasons could legitimately justify the period spent abroad. The costs were compensated due to the existing differences in case law on this issue. This decision reaffirms a fundamental principle: the long-term residence permit cannot be revoked automatically.
Public authorities must always evaluate the specific personal circumstances of the foreign national, especially when illness or other serious causes are involved. This was Immigration Law.
I am lawyer Fabio Loscerbo, and I invite you to follow the next episodes.