It is true that "In matters of immigration, jurisdiction for validating the extension of detention belongs to the tribunal, sitting as a single judge, and not to the justice of the peace, when the foreign national has submitted an application for international protection and is already subject to detention based on an administrative authority's decision, adopted and validated before the filing of the said application" (Cass. No. 13536/2014). Therefore, in the case of the detention of an asylum seeker in a temporary detention center, the submission of an application for international protection by the foreign national, even if repeated, establishes the jurisdiction for validation with the specialized section of the Tribunal, and not the Justice of the Peace, pursuant to Article 6, paragraph 5, of Legislative Decree No. 142 of 2015, as it results in a change in the basis for detention, which continues for the maximum period allowed by law to enable the examination of the protection application (Cass. No. 11859/2022).
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