The 43 asylum seekers taken to Albania under Italy’s new fast-track processing scheme arrived in Bari on Saturday night. The Rome appeals court did not validate their detention in the Italian-run facility in Albania.
The asylum seekers, from Bangladesh and Egypt, were transported to the southern Italian port city by a coast guard vessel. This group was the third transferred to Albania as part of the fast-track processing scheme agreed by Rome and Tirana.
On Friday night, the Rome appeals court referred the case to the European Court of Justice. The court will assess whether the migrants’ home countries can be deemed safe. The court stated that “the substantial conditions for such a designation are not satisfied for certain categories of people.”
Italian judges had already refused to validate the detention of two previous groups, totalling 20 people, taken to Albania in October and November. The European Court of Justice had ruled on October 4 that asylum seekers could not undergo a fast-track procedure leading to repatriation if their home country was not entirely safe. Bangladesh and Egypt were not deemed safe “over all of their territory.”
In response, the Italian government introduced a list of 19 countries considered safe for repatriation, including Bangladesh and Egypt. The government also moved the jurisdiction over immigration cases from ordinary courts to appeals courts. However, an appeals court ruled on Friday not to validate the detention of the latest group.
The European Court of Justice is set to issue a ruling on February 25. Meanwhile, sources at Premier Giorgia Meloni’s office said the government was “working to also overcome this obstacle.”
Government “greatly surprised” by court’s decision
Government sources told ANSA they were “greatly surprised because we don’t believe there is any need to await a decision on the issue of the European Court of Justice.”
Galeazzo Bignami, the Lower House whip of Meloni’s Brothers of Italy (FdI) party, criticised the judiciary. He said, “There is resistance from part of the Italian judiciary against measures adopted to guarantee security and fight irregular migration.”
Elly Schlein, leader of the opposition Democratic Party (PD), described the scheme as an “incredible failure.” She called for a report on the costs of the plan, saying: “It has reached over one billion euros, according to our estimates, which could have been invested to hire doctors and nurses.”
A total of 49 people were part of the third batch of migrants intercepted south of Lampedusa. They were taken to Albania by the Cassiopea Navy vessel last Tuesday. Six were later returned to Italy due to their status as minors or vulnerable individuals.
The government remains committed to processing asylum applications in Albania as part of a plan to create regional hubs. Sources close to the interior ministry said: “The government will move forward in the conviction that the fight against irregular immigration, which takes advantage of the instrumental use of asylum requests, is the road to pursue to fight the affairs of ruthless traffickers.”
European Commission supports Italy-Albania model
The Italy-Albania protocol was described as “the starting point for the creation of real regional hubs on which there is full agreement with European ministers.” At a Home Affairs Council meeting in Warsaw this week, “the position of Interior Minister Matteo Piantedosi was widely shared by the colleagues present.”
The European Commission has supported the Italy-Albania agreement as a model for other countries. The new European migration and asylum pact will come into force in 2026.
However, Rome’s appeals court noted the government’s decree listing 19 safe countries does not clarify whether all groups are protected. Judicial sources said, “Regarding the social and political conditions of the countries involved, we need to consider the information available and used for the previous interministerial decree of May 7, 2024.”
That previous decree indicated that security conditions in Bangladesh and Egypt “were not respected for all categories of people.” That included LGBTQ+ individuals, victims of gender-based violence, ethnic and religious minorities, political dissidents, and those facing the death penalty.
Due to differing interpretations of European and Italian legislation on safe countries, the Rome magistrates referred the case to the European Court of Justice. The ECJ is expected to issue a ruling on February 25.
