The steps of the case
- 1
Reading the decision and calculating the deadline
We read the decision and the date of notification. We calculate the deadline straight away: some appeals must be filed within a few days.
- 2
Choosing the right judge
Every decision has its own judge: the regional administrative court (TAR), the Justice of the Peace (Giudice di pace) or the Court (Tribunale). The wrong judge or the wrong deadline can mean losing the appeal.
- 3
Collecting the evidence
With you we collect the documents that show why the decision is wrong: work, family, residence, health, your life in Italy.
- 4
Appeal and request for suspension
The office's in-house lawyers write and file the appeal. When needed, they ask the judge to suspend the decision immediately.
- 5
Hearing and decision
We follow the case up to the decision and explain what to do next, whether you win or lose.
When you can appeal
You can appeal every time a public office takes a decision against you on immigration, or does not reply within the legal time. The decisive point is the deadline: if it passes, the appeal is no longer possible.
This is why the first thing to do, as soon as you receive a decision, is to note the date of notification and come to the office at once.
Which judge and which deadline
Every decision has its own judge and its own deadline:
| Decision | Judge | Deadline |
|---|---|---|
| Refusal or revocation of the residence permit | TAR (regional administrative court) | 60 days from notification |
| Prefect’s expulsion decree | Justice of the Peace (Giudice di pace) | 30 days from notification |
| Refusal of international protection | Court (Tribunale), specialised section | as a rule 30 days; 7 or 5 days in some procedures |
| Refusal of the clearance (nulla osta) for family reunification or decisions on family unity | Ordinary Court | to be checked case by case |
| Refusal of citizenship | TAR of Lazio | 60 days from notification |
| Silence of the authority | TAR | within one year of the expiry of the deadline |
Against many administrative decisions, instead of the TAR, you can choose an extraordinary appeal to the President of the Republic, within 120 days.
Refusal of the permit and expulsion together
Since 2023 the refusal of the permit and the expulsion decree can arrive at the same time. In this case two different appeals are often needed: one to the TAR against the refusal (60 days) and one to the Justice of the Peace against the expulsion (30 days). The Justice of the Peace cannot judge the refusal: this is why the two must be coordinated.
International protection: shorter deadlines from 2026
With Decree-Law 100/2026, which puts the EU Pact on migration and asylum into law, the deadlines for appeal against the decisions of the Territorial Commission depend on the procedure. In some accelerated procedures the deadline is 7 days, in border procedures 5 days. In these cases the appeal does not always suspend the decision: suspension must be requested from the judge together with the appeal.
Before the appeal: the notice of intended refusal
Often, before rejecting an application, the office sends a notice of intended refusal (preavviso di rigetto) (Art. 10-bis Law 241/1990). You have 10 days to reply with comments and documents. A good reply can avoid the refusal and the appeal.
Common mistakes
- Letting the days pass while waiting for another letter.
- Choosing the wrong judge: the TAR, the Justice of the Peace and the Court are not interchangeable.
- Ignoring the notice of intended refusal.
- Not asking for suspension when it is needed to stay in Italy during the case.
How we help you
Appeals are handled by the office’s in-house lawyers, together with the staff who have known your case from the start. We calculate the deadline, choose the right judge and prepare the appeal. We cannot promise the outcome, but we tell you honestly what the chances are.
- First consultation: 60 €, about 30 minutes, in the office or online on WhatsApp.
- Sofia, the office’s assistant, answers on WhatsApp in 8 languages and books your appointment: use the booking button on this page.
What to bring to the consultation
- The decision you received (refusal, revocation, expulsion, Commission decision) with the envelope or proof of the date of notification
- Passport and residence permit (permesso di soggiorno), even if expired
- Receipts of the applications you submitted
- Documents on work, income, home, family and children in Italy
- Any judgments or criminal records
Frequently asked questions
I received a refusal of my renewal: how long do I have to appeal?+
As a rule 60 days from notification for an appeal to the TAR. If the refusal concerns family unity, the ordinary Court may have jurisdiction: we check straight away.
By when can an expulsion decree be challenged?+
The Prefect's expulsion decree is challenged before the Justice of the Peace within 30 days of notification (Art. 18 Legislative Decree 150/2011).
What is a notice of intended refusal (preavviso di rigetto)?+
It is a letter in which the office warns you that it is about to reject your application. You have 10 days to send comments and documents. It is often the last chance to avoid the refusal.
If I appeal, can I stay in Italy?+
It depends on the decision. For example, an appeal against refusal of protection as a rule suspends the decision; in other cases you have to ask the judge for suspension.
The public authority does not reply: can I appeal?+
Yes, with an appeal against silence (Art. 117 Code of Administrative Procedure), even without a formal notice, within one year of the expiry of the deadline.