When the Consulate has no appointment dates available.
The Court of Rome has recently ruled that if the Consulate has no available date for the appointment within two years, the applicant is entitled to move to Court.
According to the Italian procedural rules for citizenship by descend, an action can be brought to Court only if the Consulate has rejected the application or does not decide an application within two years. In such cases, the appellant shows the judge respectively the denial or the booking receipt of the appointment.
But what about if there is no booking receipt, like when the Prenota Online does show any available date?
The case brought recently before the Court of Rome was about an Italian descend that was not able to book an appointment with the Italian Consulate of San Francisco. She tried several times, but the Prenota Online system did never show an available date in next two years. So she decided to contact us. We explained the complexity of the case, especially about the prove of the rejection of the Consulate, as there had not been a real contact between her and the Consulate but with the Prenota Online system only. We worked together with the Client to sustain the existance of a proper contact with the San Franscisco Consulate and that the unavailability of a date to file in the paperwork meant a rejection from the Consulate.
The Court ruled in favor of the Client, affirming that if the Consulate failed to provide an appointment within the next two years this entitled the Italian descend to legitimately bring the citizenship action directly to Court.