Rejection at the border. Lawyer specialized in immigration law in Italy


Rejection at the border. Lawyer specialized in immigration law in Italy

Have you tried to enter Italy but were denied entry at the border? Did you have a rejection at the Milan Malpensa or Rome Fiumicino border?

Do you need immediate legal assistance?

If you wish to receive legal assistance or advice regarding the  rejection at the border in Italy, you can contact the immigration lawyer Italia H24, who will assist you immediately with an expert and specialized lawyer in rejection at the border and who can help you and advise you immediately on what to do with the Police.

First of all, you should know that the refusal of entry at the border is applied by the Border Police to non-European citizens when they do not have the conditions required to enter Italy, conditions that are expressly provided for in the article 4 of the Law on immigration in Italy.

When do you get a refusal of entry at the border?

In the event that a rejection at the border is ordered, the foreign citizen will be prevented from accessing Italy, forcing him to return to the country of origin with the same carrier that took him to the border crossing in Italy.

When a rejection at the border is applied, the foreign citizen must, therefore, be notified of a measure from the Border Police which, of course, must be translated into a language that the foreign citizen knows to better guarantee the right of defense and the possibility of opposing.

In these cases, given the very short deadlines in which repatriation is organized, it is advisable to immediately contact a lawyer specialized in rejection at the border to enforce your rights and oppose the border refusal order.

What are the conditions to enter in Italy?

As I said before, the denial of entry at the border can be applied to non-EU citizens who do not meet the conditions to be able to enter in Italy legally.

These requirements are strictly provided for in Article 4 of the Immigration Law to Italy (Legislative Decree No. 286 of July 25, 1998) and in Articles 5 and 14 of EC Regulation No. 526/2006, articles in which are establishes that, to enter Italy, it is necessary:

  1. Possession of a valid passport or equivalent document;
  2. Possession of a visa to enter in Italy (except in cases where a visa is not required due to agreements between states);
  3. Possession of “the appropriate documentation to confirm the purpose and conditions of the stay, as well as the availability of sufficient means of subsistence for the duration of the stay”;
  4. Not having any kind of alert in the information system of the SIS (Schengen Information System) that could prevent entry to Italy;
  5. Not be considered a threat to state security, order or public health, or to international relations between the member states of the European Union;
  6. Not being the beneficiary of an expulsion order or a ban on entry to Italy.

In the event that a rejection at the border is applied in the absence of any of the above conditions, a valid opposition to the return order may be made, however, being absolutely necessary, as well as appropriate, the help of an expert lawyer in rejection at the border.

How many types of rejection at the border measures are there?

According to the provisions of Article 10 of the Immigration Law in Italy, there are two different types of rejection at the border measures:

  • Immediate rejection at the border;
  • Rejection “deferred” ordered by the Questore.

So, let’s see what the differences are between these two types of measurements.

The immediate rejection at the border

This is a measure ordered directly by the border police, even before the foreigner crosses the border posts, when the foreigner does not meet the necessary conditions to enter in the Italian territory.

It is an administrative measure that must be notified in writing to the foreigner and translated into a language he knows.

Therefore, in the notified measure, on the basis of Article 13 (2) of the Schengen Borders Code, all the reasons for which the refusal of entry at the border is ordered must be detailed and precise.

In the event that the immediate rejection at the border of the foreigner is ordered, as I told you, the carrier who brought the foreigner to Italy must take care of the foreigner and bring him back to the State of origin or to the State that issued the foreign citizen the identification document.

The rejection “deferred” ordered by the Questore

Contrary to what has been seen above, the “deferred” rejection order is ordered by the Questore when the foreign citizen has already entered in Italy, thus avoiding border controls, or in the event that the foreigner’s access to Italy does not comply with the requirements and it has only been allowed for reasons of need for public assistance.

 In this case, the refusal order must be validated by the judge to be valid.

Once the Questore orders the notification of the rejection order at the border to the foreigner, the foreigner must communicate immediately (and in any case within a maximum period of forty-eight hours from its adoption), said disposition to the competent Judge by territory, which must validate the provision.

You must know, in effect, that the execution of the disposition of the Questore with which the expulsion from the national territory of the foreigner is ordered remains in any case suspended until the decision of the Judge of peace on its validation.

The validation hearing before the Judge of peace will be held in the presence of the foreign person, and the participation of a lawyer specializing in rejection at the border is also required, who, of course, must be promptly warned and informed of your case.

In which cases can the refusal of entry at the border not be ordered?

You should know that, even in the absence of the conditions provided by law, the rejection at the border of the foreign citizen cannot always be ordered, since there are cases in which the denial of entry can never be applied.

In fact, Article 19 of the Immigration Law expressly states that:

  1. The denial of entry into the border of a foreigner who “may be subject to persecution for reasons of race, sex, language, citizenship, religion, political opinions, personal or social conditions, or risk of being returned to another State where there is the risk of persecution ”;
  2. Furthermore, the return cannot be ordered even if there are justified reasons to believe that the foreign person may be subjected to torture or inhuman or degrading treatment;
  3. Neither can the rejection at the border be ordered in the event that “the expulsion from the national territory constitutes a violation of the right to respect for private and family life”;
  4. Furthermore, refusal is prohibited in the case of unaccompanied minors.

You will understand that the reasons I have listed are just some of the reasons that could prevent a foreign national from being turned away at the border.

If you want to know more about the subject, I invite you to read this article in which I explain to you how the lawyers of our international firm Immigration Lawyer Italia H24 managed to avoid the repatriation of two foreign women who were unjustly detained at the border in Italy

Why contact an experienced immigration lawyer in Italy?

The best defense that can be guaranteed to you is a result acquired only with experience and a thorough knowledge of the legal norms.

In the case of immigration law in Italy, it is important to know the legislation of the criminal code, international legislation and have an experience built over the years.

That is why you have to trust an immigration lawyer in Italy.

Read our other articles on this topic:

You can receive legal assistance or advice by contacting the H24 Immigration Lawyer, who will help you with an expert lawyer for rejection at the border in Italy.

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