Friday, 22 January 2010
It must indicate why it’s not possible to detain illegal immigrant.
13th January 2009: Each time the Provincial Police Commissioners issue an expulsion order to an illegal immigrant, they must justify why it is issued, otherwise it is not valid, the Court of Cassation (the highest court of appeal) has said. The ruling was published on 9th January 2009,
Almost a year ago, the Tribunal in Verona acquitted a foreigner without Permit of Stay who failed to obey an expulsion order by the Provincial Police Commissioner, to leave the country within five days. According to the judge, the order lacked justification because the Provincial Police Commissioner simply stated that it wasn’t possible to detain the foreigner in question at the temporary detention centre.The public prosecutor of Verona appealed against the sentence but the Court of Cassation rejected the appeal.
In order to ensure that the order is valid, it is necessary for the expulsion order to clearly state the reasons, it is not enough to literally reproduce what the law states without clearly indicating why it is impossible to detain the illegal immigrant.
In this case the Provincial Police Commissioner was supposed to clearly state that it was impossible to detain the foreigner in the temporary detention centre (for example, because there was no room) without limiting himself to saying that it was not possible to do so.
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