Inapplicability of Expulsion Order Due to Special Protection Status

Picture of Francesco Zofrea
Francesco Zofrea

Founder e Avvocato Senior

Sopravvenuta ineseguibilità del provvedimento di espulsione poiché al richiedente è stata riconosciuta la protezione speciale

Uomo che prepara la valigia
Man packing his suitcase Source: canva.com

The petitioner filed an appeal before the Justice of the Peace in Pisa, opposing an expulsion order. The illegitimacy of this order was contested based on the Immigration Act, constitutional principles such as the right to health, solidarity, and social assistance, as well as European directives and the Charter of Fundamental Rights.

However, the pivotal factor in the decision was the formal submission of an application for international protection, which occurred three days after the appeal was filed. This document was presented during the proceedings, alongside the rejection of the application by the Territorial Commission for International Protection Recognition and the ongoing appeal against this decision before the competent court

However, the pivotal factor in the decision was the formal submission of an application for international protection, which occurred three days after the appeal was filed. This document was presented during the proceedings, alongside the rejection of the application by the Territorial Commission for International Protection Recognition and the ongoing appeal against this decision before the competent court.

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