Worrying news come on regularization rejected application forms. We are referring of cases which after being evaluated are rejected on basis that requisites are missing in order to obtain residence papers.
In Milan many were called to Prefecture and then they were forced by police to Via Corelli detention centre and finally expelled. These happens without rejections being communicated. This procedure was also called trap-pardon. Luca Fazio, a reporter in Milan, wrote an article which clearly depicts the situation.
The article writes: “Wasn’t it a sort of a trap, this would be the letter all migrant citizens would like to find returning home. The letter says: ‘we invite you to come in order to stipulate the residence on working basis basis contract’. A mouse trap. Said Z., a 30 years old Moroccan man, went to Prefecture together with his employer. He is now inside Via Corelli detention centre awaitng to be expelled. Said was never told that his regularization application form was rejected (as provided for by a Ministry of Interior note). His lawyer, Mr Paolo Oddi, couldn’t do much since appeal was rejected as well. ‘There’s nothing we can do to stop Said expulsion – Mr Oddi refers – we only could appeal to the Supreme Court and maybe in a year we wil be told we were right’”.
Knowing that we are right doesn’t change the situation. In fact Said won’t be in Italy in a year.
Milan court rejected Said lawyer appeal and confirms Said detention, the court doesn’t consider the fact that law on regularization (L.222/2002) provides for that no expulsion order can be pursuited until regularization proceedings are over.
This is a sort of “moratorum” of which we have already talked about. “Law is extremely clear on such issues”. The ones holding previous expulsion orders cannot be taken to borders ubtil proceedings are over. In case regularization do come to a positive ending exulsion is revoked, whereas in case requisites are missing expulsion can take place.
The person we are talking about has never received any note telling the fact (and it seems that this is normal in Milan). He was simply called to Prefecture and from there he was taken to the detention centre.
The measure also states that administration isn’t obliged to refer in advance of the rejection.
Milan court states that a person can pass from awaiting for regularization to being expelled without any note. Questions do raise.
Can a person appeal against this?
Against what can he/she appeal?
How can a person get to know the reasons why administrators chose to deny regularization?
The right to appeal to court is a fundamental constitutional right each citizen (both Italian and foreigner) holds and this fact should be effective, as Said lawyer refers, an appeal to Supreme Court will help people reaching Italy in the future in fact such appeals take years to be solved and by then Said is to be expelled.
We are inviting all Melting pot listeners and users to signal such cases in order to help people understand what is actually happening and what they are risking.