Denial of a Work Authorization_ the Foreign Worker Has No Right to Appeal
Impossible d'ajouter des articles
Désolé, nous ne sommes pas en mesure d'ajouter l'article car votre panier est déjà plein.
Veuillez réessayer plus tard
Veuillez réessayer plus tard
Échec de l’élimination de la liste d'envies.
Veuillez réessayer plus tard
Impossible de suivre le podcast
Impossible de ne plus suivre le podcast
Denial of a Work Authorization_ the Foreign Worker Has No Right to Appeal
-
Lu par :
-
De :
À propos de ce contenu audio
This is a new episode of the podcast Immigration Law. Today we focus on a key issue in Italian immigration law concerning employment of foreign nationals residing abroad: the denial of a work authorization and, above all, who is entitled to challenge such a decision. The reference point is judgment number 529 of 2025 issued by the TAR Abruzzo, First Section, delivered on 19 November 2025 and published on 24 November 2025. The Court declared inadmissible an appeal brought by a foreign worker against the refusal of a work authorization issued by the Immigration One-Stop Shop. The Court carefully reconstructs the procedure governed by Article 22 of the Italian Consolidated Immigration Act, clarifying that it is a complex process divided into several consecutive phases. In the initial phases, which include the employer’s application and the issuance of the work authorization, the legally relevant interest is that of the employer, who seeks to recruit a foreign worker in compliance with statutory quotas and legal requirements. Within this framework, the legislation introduced by Decree-Law number 145 of 2024, later converted into Law number 187 of 2024, imposed an obligation on the employer to confirm the work authorization request within seven days from the notification that preliminary checks have been completed. If the employer fails to confirm within that deadline, the request is deemed rejected and any authorization already issued is revoked. According to the Court, this confirmation obligation concerns exclusively the employer and operates at a procedural stage aimed at meeting the employer’s organizational and production needs. At that stage, the foreign worker does not yet hold a qualified legal position, but merely a factual interest in the successful outcome of the procedure. From this, the Court derives a very clear principle: a foreign worker residing abroad has no standing to challenge the denial or revocation of a work authorization, because he or she does not hold a legally protected subjective position in relation to that phase of the procedure. The right to bring an appeal belongs solely to the employer who submitted the individual application. The Court further explains that only at later stages—those concerning the issuance of the entry visa and the residence permit—do legal positions directly attributable to the foreign national arise. Prior to that point, the legal system protects the public interest in regulating migration flows and the private interest of the employer, but does not grant the worker an enforceable right before the courts. This decision deserves careful attention. It corrects widespread defensive practices and requires greater precision in identifying the party entitled to act. In procedures concerning work authorizations, an appeal filed solely by the foreign worker is bound to be declared inadmissible, with clear consequences in terms of time, costs, and effective legal protection. For further analysis on this topic and on many other issues relating to work, entry flows, and residence permits, you can explore my articles, listen to the Immigration Law podcast, and follow the content available on my YouTube and TikTok channels. See you in the next episode.
Questo episodio include contenuti generati dall’IA.
Vous êtes membre Amazon Prime ?
Bénéficiez automatiquement de 2 livres audio offerts.Bonne écoute !
Aucun commentaire pour le moment
