A significant development has occurred for applicants whose Italian citizenship by descent (jure sanguinis) applications were previously refused because of the so-called “minor issue.”
Following the recent intervention of the Italian Supreme Court sitting in Joint Sections (Corte di Cassazione, Sezioni Unite), the Italian Ministry of the Interior issued a new Circular on 10 August 2026 addressing the administrative consequences of the new interpretation.
Of particular importance, the Circular does not deal only with pending applications. It expressly provides a potential pathway for the review of applications that have already been refused.
What was the “Minor Issue”?
The minor issue concerned cases where an Italian ancestor became naturalised as a foreign citizen while his or her child was still a minor.
Under the restrictive administrative interpretation previously adopted, the naturalisation of the Italian parent could result in the minor child being considered to have lost Italian citizenship, thereby interrupting the chain of citizenship transmission to subsequent generations.
This interpretation had significant consequences for many Australians of Italian descent, particularly where an Italian ancestor naturalised in Australia while the next person in the line was still under age.
The recent decision of the Italian Supreme Court – Joint Sections has substantially changed that position, confirming the protection afforded by Article 7 of Law No. 555/1912 to persons who were Italian citizens by descent while also holding a foreign citizenship from birth.
The Ministry has now incorporated that interpretation into its administrative guidance.
The Most Important Development: Previously Refused Cases May Be Reviewed
Perhaps the most significant aspect of the Circular of 10 August 2026 concerns applications that have already received a negative decision.
The Ministry expressly addresses proceedings that were previously concluded negatively and provides that affected applicants may seek a review of their original application.
This distinction is extremely important.
Rather than necessarily submitting an entirely new citizenship application, an eligible applicant may request the competent authority to reconsider the original application.
The request for review is to be submitted to the same authority that issued the original refusal, including where the applicant has subsequently changed their place of residence.
Why Reviewing the Original Application Matters
The practical consequences may be substantial.
The Circular provides that where the previous refusal was based exclusively on the former interpretation concerning Articles 7 and 12 of Law No. 555/1912, the authority may issue a new determination by applying the legal framework applicable when the original application was submitted.
This may be particularly important because Italian citizenship legislation changed significantly in 2025.
The reform introduced new restrictions affecting the recognition of citizenship by descent for persons born abroad who also hold another citizenship.
Accordingly, lodging a new application today may produce a materially different legal assessment from reconsideration of an application originally submitted under the previous legislative framework.
For qualifying applicants, preserving the original application may therefore be critical.
Applications Lodged Before 27 March 2025
The Circular is particularly relevant to applicants whose original citizenship application falls within the transitional protection associated with 27 March 2025.
Where the requirements identified by the Circular are satisfied, reconsideration of the original application may allow the matter to be assessed under the legal framework applicable to that application rather than as a completely new application under the post-reform regime.
This means that a person whose application was previously rejected solely because of the minor issue should not automatically assume that the refusal remains determinative.
Not Every Previous Refusal Will Qualify
The Circular does not provide an automatic reopening of every citizenship refusal.
One word is particularly important: “exclusively.”
The previous negative decision must therefore be carefully examined to determine whether the minor issue was the sole substantive basis for refusal.
If the decision contained additional independent grounds — for example, problems concerning the citizenship status of another ancestor, interruption of the line for other reasons, documentary deficiencies or other legal obstacles — further analysis will be required.
The Circular also addresses the relevant historical period and distinguishes naturalisations occurring under different legislative regimes. Accordingly, the date on which the Italian ancestor acquired the foreign citizenship remains an important element of the assessment.
What Should Applicants Do Now?
Anyone who previously received a refusal based on the minor issue should consider having the original decision and citizenship history reviewed.
The assessment should ordinarily consider:
- the date on which the original citizenship application was submitted;
- whether an appointment had been communicated before the relevant 2025 legislative cut-off;
- the precise reasons stated in the refusal;
- the date and circumstances of the Italian ancestor’s foreign naturalisation;
- the age and citizenship status of the relevant child at that time; and
- whether the refusal was based exclusively on the former minor issue interpretation.
Importantly, applicants should obtain advice before simply lodging a new application, as doing so may fail to preserve advantages potentially associated with the original application.
A Significant Opportunity for Australians of Italian Descent
For many families, the minor issue resulted in the rejection of citizenship claims that would otherwise have demonstrated an uninterrupted Italian line.
The combination of the recent Supreme Court decision and the Ministry’s Circular of 10 August 2026 represents an important change in the treatment of these cases.
Most significantly, the new administrative guidance provides a mechanism through which certain applicants who have already been refused may seek reconsideration of their original application.
A previous refusal may therefore no longer necessarily be the end of the matter.
Previously refused because of the “Minor Issue”?
Fiorino & Associates is reviewing previously refused Italian citizenship applications in light of the recent Supreme Court decision and the Ministry of the Interior Circular of 10 August 2026.
If your application was refused because of the minor issue, our office can assess the original decision and advise whether your case may qualify for review.
This article provides general information only and does not constitute legal advice. Eligibility for review depends upon the individual circumstances, procedural history and grounds of the original citizenship application.
