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Turin's CIE - International University College of Turin

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administratively entered onto <strong>of</strong>ficial records. This is a striking violation <strong>of</strong> both the letter and<br />

spirit <strong>of</strong> international guarantees for asylum seekers 173 . Even reapplication does not halt<br />

deportation and the overwhelming impression that the <strong>CIE</strong> authorities have about those<br />

applying for asylum is that they are lying: “It is like this because some <strong>of</strong> the stories have nothing<br />

to do with political asylum but sometimes the problem is not with the stories. Sometimes they are<br />

real asylum seekers but they [the <strong>CIE</strong> authorities] do not understand, they think that they<br />

[detainees] are all liars. They are all treated like liars” (Interview 8).<br />

Moreover, there is anecdotal evidence to suggest a racial and national classification <strong>of</strong> irregular<br />

entrants and migrants, which violates the fundamental principle against a group-identity based<br />

denial <strong>of</strong> asylum claims. The theory and the practice <strong>of</strong> claiming asylum is starkly different:<br />

81 | P a g e<br />

“It works like this when you arrive in Lampedusa: if you are Black they make you apply for<br />

asylum, if you are Arab they take you to <strong>CIE</strong>. In recent years there has been a true racial<br />

separation. From the theoretical point <strong>of</strong> view, according to the law if you apply for asylum<br />

at the border you will be taken to CARA [reception centre for asylum seekers], while if you<br />

do not apply for asylum and you are issued a rejection order or a return decision you will<br />

be taken to <strong>CIE</strong>. If you apply for asylum after you received a rejection order or return<br />

decision, that is after you entered <strong>CIE</strong>, then you have to stay inside <strong>CIE</strong> until a decision is<br />

made by the relevant Commission. Meanwhile your removal is suspended.<br />

But from the practical point <strong>of</strong> view it works in a different way. In 2011, 25,000 Tunisian<br />

migrants arrived in Italy and in addition there were migrants from sub-Saharan Africa.<br />

When boats were coming from Libya it was decided that those people could apply for<br />

political asylum. On those boats there were people from Nigeria and from Mali who had<br />

never thought about Italy, they were fleeing a war and they did not even know what an<br />

application for asylum was. The UNHCR was responsible for dividing those who could<br />

apply from those who could not. If on the same boats there was a Tunisian guy, given the<br />

fact that there is a well-working repatriation agreement between Italy and Tunisia, he was<br />

directly taken to <strong>CIE</strong>. Arab people were not allowed to apply for asylum. If they wanted to,<br />

they could do it from inside <strong>CIE</strong>.<br />

[…] So, there are people who are arbitrarily directed towards the asylum procedure, when<br />

such procedure will end up in a refusal. There has been a certain approximation in dealing<br />

with these procedures. There have been serious cases in 2011. There have been Tunisian<br />

migrants who applied for political asylum the moment they crossed the border. The<br />

UNHCR did its job properly but then the Prefettura <strong>of</strong> Lampedusa did not formalise the<br />

application. And this is a very serious episode” (Interview 28).<br />

Another case which calls into question the way that asylum procedure is conducted is a recent<br />

experience that a lawyer recounted whereby owing to administrative lachesse an asylum claim<br />

almost failed to be heard. The manner in which the whole incident occurred suggests endemic<br />

problems with the way the Italian asylum system is operating:<br />

On 28 April 2012, “Y” was brought to <strong>Turin</strong>’s <strong>CIE</strong> after receiving a deportation order. Y is a<br />

Nigerian citizen who fled from Kaduna’s riots in 2002 and whose immediate application for<br />

asylum had been rejected. On 30 April 2012, <strong>Turin</strong>’s Giudice di Pace validated Y’s detention and<br />

173 “Also, for example, if I am inside the <strong>CIE</strong> and I ask the Red Cross to make a request for political asylum,<br />

from the moment I make this request to the moment they bring me to the Immigration Office inside the camp to<br />

formalise the request, one week, ten days, two weeks can pass. During this week I have no guarantee and I can<br />

be deported. You are not protected until you formalise your request. If there is a lawyer who comes and says,<br />

well, there is my client who wants to ask for it [asylum], okay, they will write [it] in the Immigration Office but<br />

if there is no lawyer then there is no guarantee” (Interview 7).

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