RvS dismisses urgent declaration request where applicant fails registration requirement and no exceptional circumstances exist.
Sintesi Legislator
Generato dall'IAThe Council of State dismissed the appellant's request for an urgent declaration and upheld the lower court's rejection of the appeal. The appellant argued that the general refusal ground requiring two years of prior registration should be waived due to the hard clause, citing the housing needs of his minor children. The court found no exceptional circumstances because the minor daughter's living arrangement with her mother did not constitute homelessness under judicial care rules, and the son had independent housing. Consequently, the court determined the appellant was not in such a pressing situation that the hard clause must apply, leading to the dismissal of the request.
Regesto Legislator
Generato dall'IAArt. 8:81 Awb; Art. 8:86 Awb: The administrative authority may refuse an urgent declaration based on a general ground if no exceptional circumstances exist, such as when the applicant fails to meet registration requirements and the dependent children's housing situation does not constitute homelessness or create a pressing need warranting the hard clause.