Under Article 6, paragraph 3, of Legislative Decree 142/2015, when a migrant, already detained in a CPR for repatriation (pursuant to Article 14 of Legislative Decree 286/1998), submits an application for international protection and there is a reasonable belief that the application is merely instrumental and dilatory (intended to delay or prevent expulsion or deferred rejection), the migrant remains detained in the center, following a new decree issued by the police chief, and is subject to a second validation hearing within the jurisdiction of the specialized section of the ordinary tribunal.
Thus, two different detention orders follow, based on the perceived pretextual nature of the asylum application made by someone already under detention. Consequently, the second order may only be adopted if the first order exists and is legitimate. If, following an appeal, the first validation is found to be unlawful (for example, because it was based on an expulsion decree considered null), the second order would also be deemed invalid.
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