12 December 2019
The Justice of the Peace of Agrigento declared unlawful and therefore annulled the expulsion order issued by the Prefect of Agrigento against a Tunisian citizen.
This measure had been notified simultaneously with the notification to the same person of a decision rejecting the request for international protection on the grounds of manifest infundateness, as part of the application of an accelerated procedure for origin from a safe country of origin (POS) pursuant to art. 28-ter, paragraph 1, letter b) of Legislative Decree no. 25/2008.
The expulsion order, the judge's ruling states, was issued in clear violation of art. 32, paragraph 4 of Legislative Decree no. 25/2008: in fact, only upon the expiry of the deadline for appealing the rejection rulings, including for manifest infundateness, does the applicant have the obligation to leave the national territory and not at the time of notification of the rejection.