Appeal

Asylum seekers who have received a negative outcome can:

• bring an appeal at Court of Law against this decision within 30 days. Appeal application and registration suspend the expulsion caused by the negative Territorial Commission outcome. Afterwards, a new residence permit for ASYLUM SEEKERS has to be released by law;
• decide to NOT bring an appeal. Prefettura will issue a Decree of expulsion within 30 days. The person will have to leave our territory;

Judicial stage consists of three proceedings by law: Court of Law, Court of Appeal (they can get into the matter itself) and Court of Cassation (it can decide in the matter of legitimacy and law). A lawyer must act for the foreign citizen in each proceeding. Moreover, legal aid for underprivileged people is granted for the asylum seeker (Law 29 March 2001 n. 134; D.P.R. 30May 2002, n. 115: articles from 74 to 141). The reception facility has the duty to suggest a trusted lawyer. Obviouslu, asylum seekers can freely decide to choose another lawyer.

Appeal automatically stops expulsion, there are some exceptions, as:

• who received a negative outcome, but not attending the commission audition;
• asylum seeker request that has been rejected for manifestly unfounded or declared inadmissible;
• who has been detained in a CIE;
• who has been stopped for illegal residence by the competent authority;
• who left his reception facility for unjustified reasons.

It’s important that asylum seekers go in court together with as comprehensive as possible documentation. Indeed, he has to show evidence for both his own story and inclusion path in Italy.

As Territorial Commission, Court of Law can assign each kind of international protection form. In any case, Prefettura will emanate reception measures removal for the new refugee after obtaining Electronic Residence Permit.