Reception of asylum seekers: the Piedmont Administrative Court finds the silence of the Turin Prefecture unlawful
May 20, 2026 | Studio Legale Oltre
The Piedmont Regional Administrative Court (TAR), First Section, with a decision taken in the chamber session of 20 May 2026 (Pres. Raffaele Prosperi, Rep. Luca Pavia), upheld appeal R.G. no. 354/2026 represented by lawyer Eleonora Celoria of Studio Legale Oltre, finding unlawful the silence kept by the Turin Prefecture. The applicant, an Iranian asylum seeker, had submitted a request on 11 July 2025 for inclusion in the reception system, without ever receiving a response. During the proceedings the administration placed him in a reception facility, but the Court recognised his continuing interest in having the unlawfulness of the silence established, also for compensation purposes.
The judgment clarifies that requests for access to reception measures are subject to the general 30-day deadline provided by Article 2(2) of Law 241/1990, and not the 180-day deadline for proceedings “concerning immigration”: the reception of applicants for international protection is in fact governed by Directive 2013/33/EU and Legislative Decree 142/2015, which require the timely provision of measures from the moment the intention to seek protection is expressed (in line with Council of State, Section III, no. 5503/2024 and TAR Piedmont, Section I, no. 1362/2025). The Court also specified that placement on a waiting list does not exclude the silence: the administration is in any case obliged to conclude the procedure with an express and reasoned decision.
The decision confirms that those who request reception are entitled to an express response within 30 days and that late placement during the proceedings does not remedy the silence, the finding of which remains useful also with a view to an action for damages.
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