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 Supreme di Cassazione]
Date of Decision
28/02/2019
Keywords
Access to procedures
Return/Removal/Deportation