Immigration into Italy. No deportation if the summon used by the officer is a copy.

The deportation is null and void if the order is notified with a copy that does not conform to the original document

Judge ruling: Giudice di pace de L’Aquila, Sezione Volontaria Giurisdizione, ordinanza del 18 aprile 2012

In allowing part of the appeal, the copy of the expulsion order handed to the defendant, should be declared null and void, without attestation of conformity with the original. In this regard, one can only refer to the consolidated guidance of the Supreme Court, in relation to the requirements of validity of the expulsion of the Prefect, which remains constant in the view that there is a radical fault in the nullity expulsion, for lack of its necessary formality of communication, every time that the defendant, is informed by a simple or informal copy of the act because it is not signed by the Prefect, that is not bearing a certificate of conformity with the original.

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About the Author:

Michele Spadaro

Michele Spadaro is an immigration lawyer based in Italy. He has worked with companies and professionals relocating to Italy from more than 40 different countries. When he's not on duty, Michele travels the countryside with his wife and two huge dogs.

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