Looking for Asylum

“Looking for asylum” The main goal of this paper is showing a general overview of the misapplication of the right of asylum in Italy. I will start from an analysis of the International legislation, concerning the right of asylum, in order to show how the Italian legislation does not accomplish to all the requirements that should do. First I will look to the U.N. Geneva Convention regarding the status of refugees, but also at the Dir. 2001/55 CE and Dir. 2003/9/CE . Furthermore, I will introduce the Italian legislation constituted by the Law n.89/1990 and then I will examine the Immigration Law n.286/1998 and its reform by the legislative decree 189/2002 . The aim of this investigation is remark the difficulties that this de-regulation creates to the asylum’s seekers and the importance of a specific Law regarding the right of asylum, in Italy. This analysis of the legislation will be followed by an empirical research trough some Italian Courts decisions and some interviews to refugees. I will analyse the situation of the Sudanese refugees from the Darfur’s Civil war, in Italy. I will analyse these data and their results from the theoretical prospective of the Implementation theory, investigating about the function of a law that is not truly applied. I will also use Habermas’s study concerning the inclusion of the other to look for a legislation that can really be applied in the social context referring to which has been thought. For Habermas an effective policy should realize the integration of the other and not only his coexistence in a foreign State.