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Regularization. some instructions

What happens when regularization application forms are rejected?

6 marzo 2003

An important fact needs to be underlined, very few people both employees and employers, do not go to Prefecture’s hearing. Almost everyone goes to this date and therefore forms that are to be put into archives are few. What happens before and after prefecture’s hearing
A Ministry of interior note at the beginning of regularization said that in case application forms couldn’t be accepted the workers was to receive a note telling him/her to leave Italy within 15 days. But everyday procedures show that this doesn’t happen.
A collegue in Milan refers of the fact that a client of his who went to Prefecture’s hearing was there taken by police to the detention centre in via Corelli in Milan.
The lawyer refers that “he was not told via notification that the regularization application form was rejected, he was only given a ‘normal’ expulsion order” which doesn’t say anything on the reasons of the rejection.

The expulsion doesn’t refer to the regularization application form rejection but it only says that this person is irregularly living in Italian territory. The assisted person doesn’t know nor understand why his application form was rejected. This simply means that what stated in this government law is not being follwed (2002 law n. 222). This law provides for that expulsion orders , even if previously ordered, cannot be accomplished until regularization proceedings do come to an end. The collegue in Milan also refers that the detention in Milan detention centre was signed by the qualified magistrate. Explanations and observations showing that this person passed from being regularized to being detained without knowing why didn’t help at all.

According to the judge, the chance of expelling a person without any explanation goes along with Bossi-Fini law. Law provides for that Prefecture rejects applications and then signing an expulsion order is possible. This actual Milan situation did happen in other cities. 700.000 people lives are uncertain.
In fact when appealing expulsion, this is not suspended (a Bossi-Fini law present).
Even if a person holds all necessary reasons, he/she might see them recognized when it’s already too late. A person, who was previously ordered expulsion, might be expelled when regularization application form is rejected. There’s no clear judiciary remedy to this, appealing to TAR means awaiting long times when expulsions are extremely quick.

The ordinary judge cannot decide on the rejection of regularization application forms. These situations might increase in numbers, migrants risk not to be able to show what is happening because they sometimes are expelled without noone knowing it. And it won’t be the employer the one reporting the case. This may occur also without Prefecture’s hearing, in case of normal controls. I personally assisted a case of a person awaiting for regularization to come and working for a fims gaining a good income and not having committed any crime,... This person was stopped while he was shopping in a supermarket probably because of the fact that he is black. He showed the post office receit, but it was worth nothing. He wasn’t carrying his passort with him and this made it possible to take him to a detention centre where he was detained for a few days. The judge didn’t sign the order but Modena policeheadquarters, where the detention centre is, ordered to leave Italy within five days. In case this doesn’t happen, policeheadquarters will be entitled to arrest the person without taking into consideration the fact that this man’s former expulsion order cannot be pursuited up to regularization procedures come to an end. This man risks to be stopped and arrested without having committed any crime.