E/CN.4/2005/85/Add.3
page 13
46.
All aliens holding residence cards or permits linked to employment, education, religion,
political asylum or humanitarian protection and valid for one year or more may apply for family
reunification. Application may concern: (a) a spouse, with the exception of separated or
divorced couples; (b) children under 18; (c) children over 18 who are unable to earn their own
income because of total disability; and (d) parents and grandparents when the applicant is
responsible for them because there are not other children in the country of origin or because such
children as there are cannot take responsibility for them on clearly-documented health grounds.
The applicant must prove that his accommodation complies with the minimum required
standards and that he has an income not less than the annual social subsidy11 if the application is
for family reunification with one person; not less than double this amount for two or three family
members and triple the amount for four or more. In calculating income, account is taken of all
the earnings of family members living together. The residence permit issued to the integrated
family member will entitle him to work, to enrol in educational institutions, and to health
assistance.
D. Immigrants in administrative detention and foreigners in prison
47.
According to the legislation in force at the time of the visit, an alien could be deported by
a judge12 or, at the administrative level, by the Prefect13or the Ministry of the Interior in the most
serious cases of persons representing a danger to public order or State security. The procedure
for executing an order of administrative removal appears to be immediate accompaniment to the
border. The Chief of Police will order the immigrant held in a CPTA if deportation cannot take
place immediately, and confirmation by the judge is required within 48 hours. Appeal may be
lodged against the judge’s decision, but the appeal does not suspend deportation.
48.
Act No. 189/2002 increased the maximum period of administrative detention in CPTAs
from 20 to 30 days, with a possible extension for a further 30. Following this, if the deportation
order has not been executed, the Chief of Police will issue an order of mandatory removal from
Italian territory within five days. In practice, this last-mentioned form of the deportation order
appears to be the one most used. Beyond this deadline, the individual would have to be
detained14 if found in Italy without justification, for committing a criminal offence (reato)
punishable by a prison sentence of six months to one year and deportation.
49.
Should an alien re-enter Italian territory without specific authorization from the Ministry
of the Interior, after undergoing administrative removal,15 he could be punished by a prison
sentence of six months to one year. If, however, deportation had been ordered by a judge, the
applicable prison sentence would be one to four years.
Temporary stay and assistance centres (CPTAs)
50.
Article 14 of the Consolidated Text makes provision for CPTAs. At the time of the visit
there were 15 such centres, with a total capacity of 1,823 inmates. Their main objective is to
identify and repatriate immigrants who have been detained for being in Italy illegally. Generally
speaking, their function is to detain, although the Lampedusa and Lecce-Otranto (Puglia) centres
exist to provide emergency care and deal with inmate allocation.16