Judgment_paragraph 18 · AF, en son nom propre et en qualité de personne exerçant la responsabilité parentale sur l’enfant mineur BF v Ministero dell’Interno - U.T.G. - Prefettura di Milano (C-184/24)

18Article 23 of Legislative Decree No 142, entitled ‘Reduction or withdrawal of material reception conditions’, provides in paragraphs 1 to 4:1.The Prefect of the province in which the structures referred to in Articles 9 and 11 are situated shall adopt a reasoned order withdrawing reception measures where:(a) the applicant does not report to the identified facility or abandons the accommodation centre without prior reasoned communication to the competent Prefecture – District Government Office;(b) the applicant does not appear at the hearing before the body examining the application;(c) the applicant submits a new application within the meaning of Article 29 of [decreto legislativo n. 25 – Attuazione della direttiva 2005/85/CE recante norme minime per le procedure applicate negli Stati membri ai fini del riconoscimento e della revoca dello status di rifugiato (Legislative Decree No 25 implementing Directive 2005/85/EC on minimum standards on procedures in Member States for granting and withdrawing refugee status) of 28 January 2008 (GURI No 40 of 16 February 2008)], and its subsequent amendments;(d) it is established that the applicant has sufficient economic resources.2.In cases of serious or repeated breaches by the applicant for international protection of the rules of the facility where he or she is housed, including intentional damage to movable or immovable property, or seriously violent behaviour, even outside the accommodation facility, the Prefect, without prejudice to the power to order the applicant’s transfer to another facility, shall adopt one or more of the following measures:(a) the temporary exclusion from participation in the activities organised by the manager of the centre;(b) the temporary exclusion from one or more of the services referred to in the second sentence of Article 10(1), apart from material assistance;(c) the suspension, for a period of not less than 30 days and not more than 6 months, or the revocation of the ancillary economic benefits provided for in the specifications referred to in Article 12.2-bis. The measures referred to in the present article shall be adopted on an individual basis, in accordance with the principle of proportionality and taking account of the applicant’s situation, in particular the conditions set out in Article 17, and shall state the reasons on which they are based. The measures adopted by the Prefect with regard to the applicant shall be communicated to the competent district committee responsible for examining the application for international protection.3. In the situation referred to in paragraph 1(a), the manager of the centre shall be required to inform the Prefecture – District Government Office immediately that the applicant has failed to report to or has abandoned the centre. If the asylum applicant is traced or voluntarily reports to the law enforcement authorities or to the assignment centre, the Prefect with competence for the district shall order, by means of a reasoned measure, on the basis of the evidence provided by the applicant, the possible restoration of the reception measures. Restoration shall be ordered only if the failure to appear or the abandonment was caused by force majeure or by unforeseeable circumstances or, in any event, due to serious personal reasons.4. In the event of a breach of the rules of the centre, the manager of the centre shall issue a formal warning to the applicant and, where the conditions of the application of the measures referred to in paragraph 2 are met, shall immediately send a report of the facts to the Prefecture.’

AF, en son nom propre et en qualité de personne exerçant la responsabilité parentale sur l’enfant mineur BF v Ministero dell’Interno - U.T.G. - Prefettura di Milano (C-184/24)

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