When a foreign national, already present in a CPR awaiting the execution of an expulsion order, is again detained there under Article 6, paragraph 3, of Legislative Decree No. 142/2015, for having submitted an application for international protection, during the validation procedure under Article 6, paragraph 5, of the same decree, the judge is required to verify the manifest illegality of the rejection decision, which constitutes the basis for the regularity of the entire procedure. In the absence of the first executive detention for rejection, validated by the justice of the peace, the detention of the asylum seeker can only be ordered if the conditions set forth in Article 6, paragraph 2, of the same decree are met.
(In this case, the Court of Cassation annulled the tribunal's decision which, during the so-called reconfirmation of detention, had deemed irrelevant the objections raised by the defense of the protection applicant regarding the alleged illegality of the deferred rejection).
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