Article 6 of Legislative Decree 142/2015 establishes that a migrant, if at the time of submitting the application for international protection is already detained in a CPR for repatriation purposes (under Article 14 of Legislative Decree 286/1998), and there is a justified reason to believe that the application is merely instrumental and dilatory (to delay or prevent expulsion or deferred rejection), remains detained in the center (paragraph 3), following a new decree issued by the police commissioner and subject to a second validation hearing before the court. In the case of validation (pursuant to the subsequent paragraph 5), a new detention begins for a maximum period of sixty additional days, and the terms of the original detention under Article 14, paragraph 5, Legislative Decree 286/1998 are suspended. The applicant detained under paragraph 3 who files a legal appeal against the decision of the Territorial Commission rejecting the application under Article 35-bis of Legislative Decree 25/2008 remains in the center until the adoption of the decision referred to in paragraph 4 of the same Article 35-bis, as well as for the entire period they are authorized to remain in the national territory as a result of the legal appeal (paragraph 7). To this end, the police commissioner requests an extension of the ongoing detention for additional periods not exceeding sixty days, each of which can be extended by the court in a single-judge composition, as long as the conditions of paragraph 7 remain, with a maximum duration limit of total detention of twelve months (paragraph 8).
Thus, two separate detention orders are issued, the first under Article 14 of Legislative Decree 286/1998, the second under Article 6, paragraph 3, of Legislative Decree 142/2015, due to the alleged pretextual nature of the asylum application submitted by someone already in detention. It is clear, therefore, the correlation between the two measures, as the second can only be adopted if the first exists and is legitimate (since, otherwise, detention against someone who has applied for asylum can only be ordered if the different conditions set forth in Article 6, paragraph 2, Legislative Decree 142/2015 are met).
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