07-27-2021

Expulsion in Italy: how to appeal?

Expulsion is an administrative measure applied to foreign citizens who do not have a valid residence permit. In this article I will explain how to appeal in the event of an expulsion order in Italy.

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Expulsion in Italy: how to appeal?

Are you an illegal foreign citizen in Italy and have an expulsion order been applied to you? Have you received a notice of an expulsion order and you don’t know what to do? Do you need legal assistance or advice regarding an expulsion order? Italy Expulsion Lawyer, from the international law firm Immigration Lawyer H24, in this article explains what to do in case of application of an expulsion order and when the expulsion order cannot be applied.

How many types of expulsion are there in Italy?

Italian law provides for three different types of expulsion of the foreign citizen, in relation to which, clearly, different types of appeal can be made.

In fact, there are:

  1. administrative expulsion ordered by the Ministry of the Interior (article 13 of Legislative Decree 286/98);
  2. administrative expulsion ordered by the Prefect (article 13 subsection 2 of Legislative Decree 286/98);
  3. expulsion as a security measure (article 15 of Legislative Decree 286/98).

As I said, depending on the type of measure applied to the foreign citizen, different types of appeal can be formulated.

Administrative expulsion ordered by the Ministry of the Interior (Article 13, paragraph 1, Consolidated Immigration Law)

This type of expulsion measure is applied by the Ministry of the Interior when the foreign citizen, although not residing in Italy, constitutes a danger to public order or the security of the State.

It can be applied regardless of the existence of a residence permit in Italy (and therefore also in the case in which the foreign citizen has a residence permit in Italy), having to assess only the danger of the subject for order and security of the State.

It is an administrative measure that, clearly, to be valid, must be motivated, and can be formulated, against this provision, an appeal before the Regional Administrative Court (TAR) of Lazio within 30 days from the moment of notification of the expulsion order.

Given the complexity of the matter, it is always advisable to contact an Italy expulsion lawyer with specific competence in the matter when making the appeal.

Administrative expulsion applied by the prefect (Article 13, paragraph 2, Consolidated Immigration Law)

It is an administrative measure of expulsion of the foreign citizen that can be applied in the following circumstances:

1. If the foreign citizen enters Italy irregularly;

2. If the foreign citizen regularly enters Italy, but does not apply for a residence permit within 8 days from the entering in Italy;

3. If the foreign citizen has not applied for the renewal of the residence permit within 60 days following its expiration;

4. If the residence permit granted to the foreign citizen has been canceled or revoked;

5. If the foreign citizen, even the holder of a valid residence permit, cannot prove that his income in Italy comes from legitimate sources of income and is suspected of living with money derived from the commission of associative crimes. (Article 13 of Law 646/1982);

6. If the foreign citizen, including the holder of a residence permit, is suspected of belonging to mafia-type associations;

7. If the expulsion has already been applied to the foreign citizen and he has not left Italy within 15 days of the notification of the letter;

8. If the expelled foreign citizen has returned to Italy before the period specified in the expulsion order, without, however, obtaining the “special authorization” from the Ministry of the Interior.

In case of application of the expulsion measure by the Prefect, an appeal may be filed within 60 days following the notification of the measure directly to the Justice of the Peace of the place where the expulsion measure was applied.

In the event that the decision of the Justice of the Peace is negative, the foreign citizen is given the possibility of filing an appeal and an appeal before the Corte di Cassazione.

The extreme difficulty of this type of remedy, as well as the importance of the interests at stake, since the possibility of the foreign citizen to reside freely and regularly in Italy is compromised, make the assistance of an Italy expulsion lawyer, with specific experience in immigration matters.

Expulsion as a security measure (Article 15 of the Consolidated Immigration Law)

It is an expulsion measure applied by the Judicial Authority after a criminal conviction, when the foreign citizen is considered socially dangerous by the Judge.

The application of the expulsion order as a security measure, obviously, must be informed in the content of the conviction, since the heading of the criminal sentence with which the Judge issued the sentence can be the subject of an appeal.

It is very important to know that, in the event of application of the expulsion measure as a security measure, during the expiation of the sentence in Italy, an application may be submitted to the Magistrato di Sorveglianza to demonstrate the mitigation of the danger due to security of the foreign citizen.

The proposal of the claim to the Magistrato di Sorveglianza, however, does not have suspensive effects on the expulsion measure, so it is always very important to advance the appeal on time, in order to avoid that the foreign citizen is expelled immediately after serving the sentence in Italy.

For the presentation of the application to the Magistrato di Sorveglianza, the assistance of an Italy expulsion lawyer who has competence both in the immigration sector and in matters of criminal law and procedure is always advisable.

What happens if an expulsion order is applied?

As I told you before, in case of application of an expulsion measure, can be applied to the foreign citizen the immediate accompaniment to the border, or the accompaniment of the foreign citizen to a temporary detention center  (Art. 14 Consolidated Immigration Law).

The accompaniment of the foreign citizen in temporary detention centers, specifically, is managed for the foreign citizen who:

1) Do not have an identification document;

2) Is impossible to accompany him to the border immediately due to health problems;

3) It is not possible to accompany them immediately to the border for organizational reasons of the Judicial Police.

It is very important to know that, in case of detention of the foreign citizen in temporary detention centers, he or she can call freely, thus being able to contact an Italy expulsion lawyer.

You should also know that the stay in the centers has a limited duration, therefore, in the event that the Police do not comply with the expulsion order within 30 days, the foreign citizen must be released.

How long does the expulsion order last?

The main consequence of the application of an expulsion measure is the prohibition, applied to foreign citizens, to re-enter in Italy for a period of time that, after the entry into force of Legislative Decree 89/2011, lasts for three to five years.

During the validity of the provision, in this case, the moment of application of the expulsion provision should not be taken into account, but rather the moment of the effective expulsion of the foreign citizen from Italian territory.

Are there cases in which the expelled foreign citizen can return to Italy?

On this matter, it is important that you know that, even in the event that an expulsion order has been issued, the re-entry prohibition can be exceeded upon request for family reunification, based on the procedure provided for in art. 29 of the Consolidated Immigration Law.

At the same time, the prohibition of re-entry into Italy can also be overcome by establishing a procedure, in accordance with article 13, paragraph 13 of the Consolidated Immigration Law, by which  is provided the possibility for expelled foreigners to apply for a “special authorization” to the Minister of the Interior to return to Italy.

For the presentation of the request, given the particular complexity of the matter, it is always advisable to have the assistance of an Italy expulsion lawyer.

What are the cases in which expulsion cannot be ordered?

Based on the provisions of article 19 of the Consolidated Immigration Law, the expulsion measure may never be ordered against a foreign citizen who:

1) can be persecuted in his own country for reasons of sex, race, language, religion, citizenship, political opinions, personal and social conditions;

2) can be sent to another country where he can suffer the same kind of persecution.

At the same time, expulsion may be ordered, only by direct order of the Ministry of the Interior, against:

3) minors under 18 years of age, without prejudice to the right to follow the parent or caregiver expelled from the national territory;

4) towards the holders of the residence card;

5) towards those who permanently live with relatives up to the fourth degree, or the spouse of Italian nationality;

6) in the case of pregnant women or in the six months following the birth of the child.

Why contact an Italy expulsion lawyer?

As you may have understood, the issue of expulsion in Italy, like immigration law, is a particularly complex and delicate matter, so, in the event of an expulsion order,  it’s always advisable to contact an Italy expulsion lawyer from the beginning, with specific experience in this matter.

You must understand, in fact, that the very tight deadlines that characterize the immigration matter, as well as the particular complexity of the matter, make it absolutely necessary to proceed with an attorney who already has experience in the immigration issue.

The law firm Immigration Lawyer H24 has been dealing with immigration issues for years, helping foreign who have difficulties in Italy.

In the case of application of an expulsion order in Italy, in fact, it is very important that the lawyer can immediately communicate with the foreign citizen in a language that he or she knows, and that is precisely why all professionals of the international law firm Immigration Lawyer H24 speak Italian, French, English and Spanish perfectly, to be able to communicate freely with their clients and advise them on the most appropriate strategy to obtain what is requested and avoid the application of an expulsion order.

What is our working method?

By contacting an Italy expulsion Lawyer traffic accident in in Italy, you can:

get an immediate quote without future surprises. Each defensive choice will be agreed with you in advance, you will not have any unpleasant surprises and you will not have to incur any unforeseen costs. From the beginning, you will know the costs that you will have to face.

Always be informed about our professional activity carried out in your exclusive interest. You will be updated step by step on what we are doing and what will happen. We will explain things to you so that you can understand the difficult language of the law.

We are always by your side and you can always count on us. Our firm is called H24 Criminal Lawyer because we always operate 7 days a week, 24 hours a day, every day at any time of the day or night.

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