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28/02/2019
IT: Supreme Courts rules on the enforcement of a removal order pending the examination of an application for international protection

ECLI
Input Provided By
EUAA Information and Analysis Sector (IAS)
Source
Other Source/Information
Type
Order
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
Italy, Supreme Court of Cassation - Civil section [Corte Suprema di Cassazione], Appellant v Ministry of Interior (Prefettura di MIlano), 11309/19, 28 February 2019. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=680
Case history
Other information
Abstract
The case concerns the enforcement of a removal order pending an application for international protection. A removal order was issued by the Prefect of Milan and confirmed afterwards by the Justice of the Peace during the first appeal as the appellant didn't not meet the requirements for refugee permit. The applicant claimed that he had applied for protection before the expulsion order was issued. The Court stated that the Prefect and the Justice of the Peace are not competent to decide on the application as it has to be assessed by the competent Territorial Commission. The Court declared the appeal founded and ordered his stay in the Italian territory until his application is examined.
Country of Decision
Italy
Court Name
IT: Supreme Court of Cassation - Civil section [Corte Suprema di Cassazione]
Case Number
11309/19
Date of Decision
28/02/2019
Country of Origin
Keywords
Access to asylum procedures
Return/Removal/Deportation