Re-entry into Italy after Expulsion: the Opinion of the Council of State

Re-entry into Italy after Expulsion: the Opinion of the Council of State Good morning, my name is Fabio Loscerbo and this is a new episode of the podcast Immigration Law. In today’s episode, we discuss authorization to re-enter Italy after expulsion, drawing on an opinion issued by the Italian Council of State, First Section, in December 2025, in the context of an extraordinary appeal to the President of the Republic. The case concerns a foreign national who, after being subject to multiple expulsion measures, applied for authorization to return to Italy. The Ministry of the Interior rejected the request, stating that the statutory re-entry ban had not yet expired and that the reasons put forward, mainly related to employment, were generic and not properly documented. The extraordinary appeal remained pending for many years, also due to delays and administrative inertia. Nevertheless, the Council of State ultimately ruled on the case, addressing both procedural aspects and the substance of the claim. From a procedural point of view, it was clarified that, in the absence of clear evidence regarding the exact date on which the appeal was submitted abroad, the application cannot be declared inadmissible for late filing. Any uncertainty, in such circumstances, cannot be held against the applicant. On the merits, however, the conclusion was clear. The Council of State reaffirmed that a foreign national who has been expelled cannot re-enter Italy without a specific authorization and that the re-entry ban normally applies for a significant period of time. If that period has not yet expired, the refusal issued by the administration is fully lawful. It was also emphasized that authorization to re-enter is a discretionary decision. This means that references to employment, integration, or previous lawful conduct are not sufficient, on their own, to justify re-entry. If the ban is still in force, the administration is entitled to refuse, and that refusal is difficult to challenge. The message is straightforward and should be stated plainly. Re-entry into Italy after expulsion is not a right and not a shortcut. Compliance with the law and with statutory time limits comes first. Only after that can individual circumstances be assessed. That’s all for today. Keep following the podcast Immigration Law. Until the next episode.