04-01-2021

Repatriation and border expulsions are the measures by which the Italian State orders the expulsion from its territory of citizens of foreign countries.

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Decree of expulsion and repatriation. Immigration lawyer in Italy

The lawyer who witnesses the application of an unjust repatriation order is often a witness of the serious violation of human rights perpetrated at the borders by the Police.

It often happens that in the airport transit zones (Milan Malpensa and Rome Fiumicino), foreigners trying to enter in Italy are blocked by the border police and held there without the necessary legal, humanitarian and social assistance.

All this in violation of national and international law and, in particular, in violation of the human rights provided for by the European Convention on Human Rights.

The H24 immigration lawyer in Italy recently assisted two foreign women illegally detained in the Milan-Malpensa airport transit zone with a ban on crossing the border and the consequent repatriation order.

Are you a foreigner and have you received an expulsion order or have you been denied entry at the border? Were you detained at the border with a repatriation order? Do you want to know what to do in the event of a denial of entry to the border or an expulsion decision with a repatriation order? If these issues interest you, read this article!

In this article, the H24 immigration lawyer in Italy will analyze the episode of two foreign women blocked in the airport transit zone, in violation of all humanitarian, social and legal guarantees and will try to clarify the difference between repatriation and expulsion.

H24 Line for emergency: +39 338 85 15 424.

THE CASE OF THE TWO FOREIGNERS TO WHOM THE REPATRIATION ORDER HAS BEEN APPLIED

1.1 The fact. The lawyer for repatriation measure H24, contacted by the relatives of the two foreign women detained at the Milan Malpensa international airport, intervened immediately to guarantee the protection of the rights of her clients.

The professionals of the immigration law firm in Italy have asked the border police for the immediate transmission of the expulsion order and the repatriation order to be able to dialogue in the best possible way with the people assisted and to resolve any controversy.

In addition, the communication of this expulsion order was also requested to present a request for international protection, given the high risk that women ran if they had returned to their country of origin, since they would be subject to persecution.

Read how to apply for international protection and what the Geneva Convention offers.

In the case described, it appears first that the rejection of the two foreign citizens was carried out in the absence of any validation measure by the Judge, in violation of national legislation.

Second, the two women were detained for several days in the airport’s transit area, without the arrest being subject to judicial validation.

The events reported represent a violation of human rights.

The European Court of Human Rights has already had occasion to affirm that the detention of a foreign citizen in airport transit areas constitutes a restriction of freedom and therefore a violation of the fundamental rights of foreigners and of international obligations assumed by the State under the same EDH Convention (see ECHR, Amuur v. France, judgment of June 25, 1996).

According to the same Court, if the detention is prolonged for a long period, the result is a limitation of personal freedom that escapes the logic of administrative detention aimed at managing migratory flows.

Furthermore, the detention must not deprive the foreigner of effective access to the application for international protection, a guarantee clearly violated by the Milan Malpensa airport by border police which, by depriving the women of speaking with their relatives and with the immigration lawyer in Italy H24, prevented the two women from seeking asylum or international protection.

The foreigner detained at the border, in fact, has the right to speak with her immigration lawyer in Italy available 24 hours a day.

WHAT ARE THE EFFECTS OF REJECTIONS AND EXPULSIONS?

The typical and common objective effect of rejections and expulsions is the obligation of the foreigner to leave the territory of the Italian State.

The expulsions, in addition to determining the effective expulsion of the foreigner from the national territory, produce additional effects if they are accompanied by a prohibition of re-entry for a certain period after their execution, a prohibition that affects both Italy and all the other Member States of the Area Schengen or the European Union, also informing the SIS (Schengen Information System) in order to deny the entry of the expelled foreigner.

Rejections, on the other hand, are not accompanied by re-entry bans and the name of the rejected alien is not subject to notification to the SIS.

WHAT IS IMMEDIATE REJECTION AT THE BORDER?

Denial of entry at the border is the act by which the border police reject foreigners who appear at border crossings without the legal requirements to enter in the territory of the State (article 10, paragraph 1, law on immigration to Italy).

Execution of this type of rejection order is immediate.

The border police, after verification at the border crossing, immediately return the rejected foreigner to the State from which they came, thus preventing them from entering the territory of the Italian State.

If you do not have a valid passport, entry visa, valid reason for the trip, economic availability to face the stay or the return trip, entry into Italian territory will be refused.

Otherwise, you must apply for asylum or international protection and in these cases you can contact a lawyer specialized in immigration law 24 hours a day in Italy.

WHAT ARE THE EFFECTS OF REJECTION ON THE BORDER?

The refusal of entry at the border implies the immediate transfer of the foreigner to the country of origin, but does not in itself imply any form of prohibition of re-entry, nor of declaration – for the purpose of future refusal of entry – in the Schengen information system Consequently, the foreigner returned at the border for lack of one of the conditions required to enter the national territory can enter regularly at any later time, provided that he has the conditions that were lacking before entering.

HOW DOES EXPULSION WORK IN ITALY?

Expulsion is a provision with which orders the foreigner – who is already in Italy – to leave the territory of the State and is applied when the conditions or requirements for the foreigner’s stay in Italy do not exist, such as the person who does not  renewed his residence permit within the legal period of 60 days after the expiration of the document and is detained by the police.

If the foreigner returns illegally to Italian territory before the period set by the expulsion order (generally the duration varies from 3 to 5 years), he is liable to be prosecuted in Italy for the crime of illegal entry and stay in Italian territory.

Being an administrative act that affects individual freedom, the expulsion order is subject to judicial verification of the existence of legal requirements.

Indeed, within 48 hours, the public security authority must notify the judicial authority of the disposition and the latter must validate the act within 48 hours after receiving the communication.

Pending validation, the foreigner is detained in an identification and expulsion center (CIE).

For the execution of the expulsion, the only prerequisites are the complete identification of the foreigner and the availability of a carrier or means of transport.

CAN REPATRIATION AND EXPULSION ORDERS BE APPEALED?

Yes, the foreigner has the right to oppose the order of repatriation and expulsion.

The appeal against these measures must be filed within 60 days after the notification of the disposition to the Giudice di Pace of the place where the authority that ordered the expulsion is located.

The appeal does not suspend the execution, unless the person expressly requests it to the competent court.

WHY SEARCH FOR AN EXPERT ATTORNEY FOR AN ORDER OF REMOVAL OR REPATRIATION?

The practice of detaining foreigners in airport transit zones has now been established in defiance of any national and international legislation aimed at protecting the rights of foreigners.

In such cases, legal assistance from experts in the field of illegal immigration, exploitation of illegal immigration, and Refusal, Removal and Repatriation Orders is always advisable.

As you can see, we have already handled several immigration files and we can guarantee you the maximum preparation in this type of files.

If you are a foreigner and have received a repatriation or an expulsion order, you can request legal assistance from the immigration lawyer Italia H24.

The immigration law firm in Italy has already provided assistance to foreigners who have received removal and repatriation orders and counts on its team of expert lawyers for this type of matter.

This post is also available in: Italian

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