Return - IOM Publications - International Organization for Migration

Return Migration: Policies and Practices
Forced Removal
Under Italian law, the decision to remove (refoulement and expulsion) is in most cases taken by
a single administrative authority, in particular by the Prefecture, Chief of Police and Border
Police. They are also responsible for the execution.
Refoulement at the frontier, as applicable, is immediately enforceable and falls under the
responsibility of the Border Police. Where there is no immigration authority, a Border Police
officer takes decisions on rejection or admission of asylum seekers. When in doubt, the officer
refers the case to the Border Police Department at the Ministry of Interior. This usually occurs
when further information on the case is required, or in case of stowaways. Often, Border Police
officials are not adequately trained in the subject. 7
Operational Steps for Involuntary Return
The Italian government’s commitment to fight illegal immigration includes enforcement of
expulsion measures for irregular migrants. Once a negative asylum decision has been made and/
or an order of expulsion issued, the rejectee has to leave Italy immediately. The migrant has a
respite of 15 days to leave the country on his/her own volition.
Expulsion is in many cases enforced immediately with accompaniment to the frontier by the
police. In cases where repatriation is not immediately enforceable, the alien subject to a refusal
of entry or expulsion measure is held at the nearest “temporary detention and assistance centre”.
Rejectees can be detained for a maximum of 60 days. If the maximum duration for detention
pending removal is reached, detainees are to be released and must leave the country within five
days.
The rejectee may appeal against the removal order, but the right of appeal has no suspensive
effect on the removal, except in cases where the prefect explicitly awards it. Where a removal
order has been given as an alternative to imprisonment, the right of appeal expires.
In Italy, a person can be subject to removal for administrative reasons, as a security measure, as
an alternative sanction to imprisonment and for irregularities related to his/her permanence on
the territory. Once the migrant has been expelled, he cannot re-enter Italy for a period of ten
years. This sanction, however, can be changed by a specific authorization from the Minister of
Interior.
Prosecution and Detention Procedures
Detention and the enforcement of expulsion are imposed by the relevant local police (Questura),
which are under the responsibility of the Ministry of Interior. Refoulement taking place at the
border is executed by the Border Police.
Rejected asylum seekers awaiting removal, whose identity is being investigated and who therefore
cannot immediately be deported, are placed in Temporary Holding Centres. These are not
prisons, but special facilities run by the Red Cross and the Italian police. They have the right to
receive free judicial support, in case they choose to lodge an appeal at the court. The appeal
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