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Italy
Country of Decision : Italy
Court Name : IT: Supreme Court of Cassation - Civil section [Corte Supreme di Cassazione]
Date of decision : 28/02/2019
Type : Order
ECLI :
Case Number/Citation/ Document Symbol : 11309/19

Appellant v Ministry of Interior (Prefettura di MIlano)

IT: Supreme Courts rules on the enforcement of a removal order pending the examination of an application for international protection

The case concerns the enforcement of a removal order pending an application for international protection. A removal order was issued by the Prefect of Milan and confirmed afterwards by the Justice of the Peace during the first appeal as the appellant didn't not meet the requirements for refugee permit. The applicant claimed that he had applied for protection before the expulsion order was issued. The Court stated that the Prefect and the Justice of the Peace are not competent to decide on the application as it has to be assessed by the competent Territorial Commission. The Court declared the appeal founded and ordered his stay in the Italian territory until his application is examined.

Access to procedures; Return/Removal/Deportation;

National law only (in case there is no reference to EU law/ECHR);

Italy, Supreme Court of Cassation - Civil section [Corte Supreme di Cassazione], Appellant v Ministry of Interior (Prefettura di MIlano), 11309/19, 28 February 2019. Link redirects to the English summary in the EASO Case Law Database.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=680