what changes in the right to asylum



Change the dl Salvini. A point of the decree on immigration and security, once sent to the Quirinale, seems to differ from the concepts that have been adopted before and after the CDM that it has approved.

It is for the correctness of Article 10 of the first of the "Title I" of the decree, the one that relates to theimmigration. While the text (summarized) was distributed by the Viminal immediately after approval (see here), it was read that the Territorial Committee had the "possibility to suspend the handling of the application" in case the applicant has committed a crime, now approved in the official text by the Council of Ministers and today arrived at the Quirinale instead the "direct procedure for hearing the person concerned" appears.

Which changes? At the end of the accounts the slopes are still being evaluated. Let's look at them in the details. In the first version, the Commission could "suspend the handling of the application if the applicant is in criminal proceedings for one of the crimes that would result in a refusal of international protection in the event of a final conviction and the dangers arising from the use of detention." or if the applicant has already obtained a conviction, even if not definitive, for the same crimes ". The suspension thus compelled the asylum seeker 'to leave the national territory' and, within '12 months after the final judgment of acquittal', to have requested the 'reopening of the suspended proceedings'. As soon as the time limit has expired, the committee responsible declares "to have the procedure expired without deferment of reopening".

The norm had raised some constitutional doubts. This seems to have changed before the final approval by the Council of Ministers. Now in Article 10 (see here) we read that "When the asylum seeker is subjected to criminal proceedings for one of the crimes" included in dl Salvini, subsequently, the police commissioner shall immediately inform the competent territorial committee, which shall immediately attend the hearing of the person concerned and take the same decision.In addition to the case of paragraph 3, in the case of rejection, the applicant must in any case territory, even if the appeal is against the Commission's decision ".

In short, while before the suspension of the asylum procedure had come (with an obligation to leave Italy), it had been speeded up and progressed to the others, as the Commission had to assess it "immediately". But if the decision is against the asylum, then it is migrant will still have to leave the Belpaese.

No changes after the green light from the government, say sources from the Ministry of the Interior. The decision published today is the text approved by the Council of Ministers. "It will arrive in Colle in the evening and has not undergone any changes", assure the same sources.


Source link