Refugee status is granted to a foreign citizen who has a well-founded fear of suffering persecution if he returns to his or her country of origin, or who has already suffered such persecution before fleeing his or her country of origin. The asylum seeker has the burden of proving the elements on which his application is based before one of the Territorial Commissions for the Recognition of International Protection (art. 3, paragraph 5, Legislative Decree 251/2007). The residence permit for this status is valid for five years and renewable without further verification of the conditions.
Subsidiary protection is granted to a foreign citizen “who does not have the requisites to be recognized as a refugee but for whom there are serious reasons to believe that, if he returned to the country of origin, he would run an actual risk of suffering serious damage" (art. 2, letter g, Legislative Decree 251/2007). The residence permit for this status is valid for five years and is renewable upon a verification of the persistence of the conditions that were the basis for the recognition of protection.
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