In relation to the recognition of the legal status of refugee in the current framework there is also the chief alien illegally on Italian soil - and therefore liable to expulsion under Article. 13, paragraph 2 Lett. a) Legislative Decree no. 25 of 2008 - the right to petition for recognition of refugee status (Article 6 paragraph first Leg. No. 25 of 2008) and to remain in this state, accompanied by the temporary permit or limited in the identification center, until the definition of the procedure concerning the verification that the conditions to qualify for the status or humanitarian protection (Article 7 paragraph first Leg. No. 25 of 2008, cf. Cass. Civ. sun 11535/2009).
The right of the underground filing for international protection is reflected in the duty that the competent authority (the office of the border police on entry into the country or at the office of the police authority as to the place of residence of the applicant) has to receive and to refrain from any form of rejection or other action that would impede the course of expulsion and the establishment of the first request of the commission designated in accordance with the dictates of law.
the Court continued, "the alien has entered the country illegally and requesting international protection is, by definition, weak subject to which international conventions, EU Directives (Dir 2004/83/EC recently implemented by the decree. No. 251 of 2007) together with the aforementioned national laws recognize the right to submit the application and obtain a fair and expeditious evaluation. The absence of any formal application and the commencement of any obligation of the attached documentation to support [...] in the authority determine examining the obligation to play an active role in processing the application. "
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