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Migrants who cross the Mediterranean to Italy often travel on to other northern European countries, such as the Netherlands, to ask for asylum | Photo: Alberto PIZZOLI / AFP
Migrants who cross the Mediterranean to Italy often travel on to other northern European countries, such as the Netherlands, to ask for asylum | Photo: Alberto PIZZOLI / AFP

Dutch court rules asylum seekers cannot be sent back to Italy under Dublin Regulation

Published on : 2023/04/27
By Marion MacGregor Published on : 2023/04/27

Migration authorities in the Netherlands cannot hand over asylum seekers to Italy even if they entered Europe via that country, a court has ruled.

The Netherlands’ highest administrative court, the Council of State, said Wednesday (April 26) that returning migrants to Italy under the so-called Dublin Regulation would put them at risk of mistreatment and human rights violations.

"There is a real risk that foreign nationals, beyond their will and their choice, will find themselves in a situation of material mistreatment of very great magnitude when being transferred to Italy," the court said.

Migrants could find themselves in a situation "that prevents them from meeting their basic needs such as housing, food and running water," it continued.

Also read: German court rules that refugees cannot be deported to Greece

Refering to a letter from Italian officials, the Dutch court noted: "The Italian authorities themselves have indicated... that transfers to Italy are not possible due to the lack of reception facilities." In December 2022, Italy announced it was suspending Dublin transfers 'temporarily' on the basis that it was facing pressure on its migrant reception centers.

Netherlands must consider claims

The Council of State ruling overturns two previous decisions in which asylum seekers from Nigeria and Eritrea had been refused asylum in the Netherlands because they had first arrived via Italy. The Dutch authorities had argued that under the Dublin Regulation, Italy was responsible for examining their claims.

As of now, a statement from the court on Wednesday said the Dutch migration minister "may not rely on the principle of mutual trust in respect of Italy... It is no longer possible for the Netherlands to hand over the asylum seekers to Italy. The [minister] must now consider the applications of the two asylum seekers."

In February 2023, the Italian non-government organization Action Aid published a report criticizing what it claimed was "a lack of investment in widespread reception and the deliberate choice to continue to maintain large concentrations of people [in places] with insufficient services or entirely lacking in them." 

With AFP

 

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