Non-validation of the expulsion decree. Accepted The defensive thesis on the nullity of the provision issued by the Questore

Non-validation of the expulsion decree. Accepted The defensive thesis on the nullity of the provision issued by the Questore

The Prefetto had issued a decree of expulsion from Italy against one of our clients, a Senegalese citizen present on Italian territory, and at the same time, considering that he did not want to leave Italian territory spontaneously, an arrest warrant had been applied by the Questore in the detention center for repatriation in Milan.

The man turned to our immigration law firm for legal assistance in the process of validating the expulsion decree that was carried out before the Judge of Peace in Milan and finally obtaining the release from the repatriation center.

What was the defensive strategy that allowed us to obtain the immediate release of the foreign citizen? I’ll explain it to you in this article, but let’s proceed first of all to understand what were the reasons that led the Judge of peace in Milan to not validate the arrest warrant in the detention center against the foreign citizen we assist.

The measure applied to our client

As I told you, an order of expulsion from Italy was applied to our client, because it was discovered that he had been residing illegally in Italian territory for several years, because he did not have a residence permit.

If you want to know what to do and how to behave in the event that an expulsion decree is applied, I invite you to read this article (click here), in which I will explain in detail what rights you can enforce and what to do when an expulsion order is notified to you.

In any case, as I told you, in addition to the expulsion measure from Italy, the detention measure against our client was also applied the detention measure at the Milan Repatriation Center because our client did not want to leave Italian territory spontaneously.

Therefore, within 48 hours of the application of the provision, the Questura of Milan sent all the documents to the Judge of peace in Milan to request the validation of the expulsion decree.

Here is the request for validation of the detention at the Repatriation Center issued to our client.

Request for validation of the detention at the Repatriation Center issued to our client.

For the hearing to validate the expulsion decree, the foreign citizen was defended by the lawyers Ismaele Brancaccio and Vincenzo Esposito of the law firm Immigracion Lawyer H24, if you want to know the skills of our lawyers, I invite you to read here.

Foreign national hearing minutes.

Therefore, the request made by the Questura to the justice of the peace in Milan aimed to validate the arrest warrant for the foreigner at the Milan Repatriation Center, thus forcing him to remain detained in this center until the application of the final deportation order from the Italian territory.

What was the defensive strategy to secure our client’s release?

The lawyers for the decree of expulsion in Italy, upon receiving the defensive power of attorney by the foreign citizen, immediately got down to work, studying every detail of the detention measure applied by the Questore to our client.

In fact, the foreigner was staying illegally on Italian territory, without ever having submitted an application for a residence permit or international protection, so the Questore’s assessment of the foreigner’s desire to stay illegally in Italy and not spontaneously leave the territory was proven (at least formally) correct.

The fact that the arrest warrant was correctly applied, immediately drew the attention of our professionals on the decree of expulsion from Italy to verify the possible existence of formal defects in the provision issued by the Questore, which could determine the nullity of the expulsion decree.

What defects were observed in the provision issued by the Questore?

The defense of the lawyer for the decree of expulsion in Italy, in the process before the Judge of peace in Milan, focused on highlighting the nullity of the provision issued by the Questore in consideration of the fact that the foreigner had only received one copy of the paper of the application of the detention in the repatriation center, without ever making the certificate of conformity of the copy with the original by the Public Official who provided the notification to our client.

In accordance with article 14 of Law No. 15 of 1968, in fact, for the copy of an act, to be considered valid, the authentication of the copies by the Public Official responsible for the notification is required.

Authentication, which includes:

“It consists of the certificate of conformity with the original drawn up at the end of the copy, after all the resources in the lower part, by the authorized public official, who must also indicate the date and place of issue, the number of sheets used, the first and last name, the position occupied, as well as placing the full signature and the seal of the office. If the copy of the act or document consists of several pages, the public official will place his signature on the margin of each intermediate page. The public official is authorized to cancel the fiscal stamps attached to the copies issued with the stamp of the office”

In our case, the public official who had notified the foreigner’s arrest warrant to the Milan Repatriation Center had completely omitted to indicate his surname and first name, as well as his qualification, thus determining the invalidity of the document delivered to our client.

What was the provision applied by the Judge of peace in Milan?

The justice of the peace in Milan, in view of the defect indicated in the decree of expulsion from Italy, could only “not validate” the arrest warrant and immediately release the foreigner citizen.

Arrest warrant not validated by the Justice of the Peace in Milan.

In this case, the considerable attention paid by the lawyers of our team of Immigration Lawyers H24 to the deficiencies of the provision issued by the Questore made the foreign citizen immediately free and not be forced to return to his country of origin.

Oddly enough, in the immigration sector, even a small defect can lead to invalidity of an act and, therefore, the success of an immigration procedure with the release of the foreigner.

Click here for more information about our law firm and what to do in case of immigration problems in Italy.

Why contact an expert lawyer for an expulsion decree in Italy?

The best defense that can be guaranteed is a result acquired only with experience and in-depth knowledge of legal regulations.

In the case of immigration law, it is important to know Italian and international legislation and have experience accumulated over the years. That is why you should trust an immigration lawyer H24 in Italy.

Do you have an immigration problem in Italy? Contact Us! Read here the article on how we can help you with immigration problems in Italy.

What is our working method?

By contacting an expulsion decree lawyer 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 stay informed of 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 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 Immigration Lawyer H24 because we always operate 7 days a week, 24 hours a day, every day at any time of the day or night.

Read our other articles on this topic:

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