Guide - Entrance to Italy
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1.5 EXPULSION
1.5.1 ADMINISTRATIVE EXPULSION
The expulsion is the measure that orders to lead away the Italian territory. There are two different kind of expulsion:
- The administrative expulsion
- The judiciary expulsion
The administrative expulsion may occur:
- With a disposition of the Minister of the Interior, for public order reasons or for State security reasons;
- With a disposition of the Prefetto in case of foreigners who illegally entered Italy or illegally keep remaining in Italy, in case of foreigners whose residence permit has fallen due or has been revoked by more than 60 days, in case of foreigner suspected to live usually with the earnings from crimes.
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1.5.2 JUDICIARY EXPULSION
The Judiciary expulsion may occur:
- For security reasons for a foreigner who committed grave crimes
- As a measure alternative to jail when the Judge condems the foreigner to detention within the 2 years and it's not possible to permit the contional suspension of the punishment, or after the condemnation sentence when the detention still to suffer is inferior to 2 years.
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1.5.3 APPEALS
In case of an administrative expulsion the foreigner may appeal
- to TAR (Administrative Regional Tribunal) within 60 days if the expulsion was disposed by the Ministery of Interior
- to a Court in a monocratic composition (in the same place of the authority which disposed the expulsion) within 60 days, if the expulsion was disposed by the Prefetto
In case of a judiciary expulsion the foreigner may appeal according to the ordinary legal terms.
The expulsion is immediately executive, even in case of an appeal (the judge may however dispose for a suspension of the execution of the expulsion)
- The Bossi-Fini law states that every expulsion should be immediately followed by the forced material escort of the foreigner to the frontier by the Questura. This order by the Questore to proceed must be authorized by the Tribunal President and the foreigner, who has not the right to be heard, can not appeal.
- When the escort of the foreigner to the frontier is not possible, the foreigner can be escorted in a CTP (Temporary Presence Centers), to prepare his travel documents within 30 days (that the judge may turn to 60 days). In this case, within the first 4 days in the CTP, the foreigner has the right to be heard with the assistance of an interpreter and of a lawyer to explain his reasons.
- If also the escort to a CTP is not possible, the Questore orders to the foreigner to leave the Italian territory by his own means within 5 days. Disobedience to this order is a crime punished with the arrest and the punishment may be from 6 months to one year, after an immediate process.
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1.5.4 NOTE WELL
If the expulsion occurs because the foreigner didn't ask for the renewal of the residence permit within 60 days the Questore may order to leave the national territory within 15 days. Disobedience to this order is not a crime, but it can be disposed the immediate forced escort to the frontier.
The foreigner expelled can not enter again in Italy for a duration of 10 yers (the Prefetto, however, may dispose for a smaller duration)
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1.5.5 WHO CANNOT BE EXPELLED
People who cannot be expelled:
- A foreigner who in the State of destination may be an object of persecution for race, sex, language, religion, political belief, citizenship reasons or who may risk being sent to another State in which he/she may not be protected from persecution;
- a foreigner who lives with Italian relatives within the fourth degree or with an Italian spouse;
- a pregnant foreigner or a foreigner six months following the birth of a child;
- a minor age foreigner, with the exemption of right to follow expelled parent or trustee.
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