• 31/01/2023
  • 2023 ROLE NO.:2826

Regarding the expulsion of a foreign national, the justice of the peace, when validating the further extension of detention in a Centre for Repatriation (CPR), is required to check both the grounds for detention and those for administrative expulsion: as a result, if an expulsion order has been issued, pursuant to Article 14, paragraph 5-ter of Legislative Decree No. 286 of 1998, in the absence of evidence of prior detention or a new expulsion order, the validation of the new detention (based on the non-compliance with the removal order within seven days) is to be considered unlawful.

 

Partners of the project

  • Project funded by the European Union's Citizens,
    Equality, Rights and Values Programme.