Order of the Court of Turin No. 368 of 3 February 2017

The Court of Turin did not confirm the extension of the staying of an asylum seeker at the C.I.E. (“Identification and Expulsion Center”) in the waiting of executing an expulsion order against him. For the Court, this was contrary to the relevant Italian legislation and the Convention Relating to the Status of Refugee. Indeed, there was no reasonable reasons to believe that the application of asylum had been introduced by the claimant only to delay or prevent his expulsion (that is, the application was not ‘instrumental’ in the meaning of legislative decree No. 142 of 2015, which adapted the Italian legal order to the EU legislation on migrants’ international protection). The claimant had provided clear and convincing arguments to explain why he had not apply before for asylum. Further, he had demonstrated that he was living in Italy from a long period, with the members of his family, who had also stayed in Italy from many years, and that there was nothing in his previous conduct justifying the expulsion.