Italian court orders return of 12 migrants from Albania to Italy
The Immigration Section of the Rome Court has ruled that 12 migrants recently transported to Albania on the Libra vessel must be immediately returned to Italy, despite their asylum requests being rejected by territorial commissions. The decision emphasizes that Italy remains responsible for their asylum process and that they cannot be detained or left in Albanian territory.
Why is important: This ruling reflects legal challenges in managing migration between Italy and Albania under recently established protocols. It complicates attempts to use Albania as a temporary stop for asylum seekers and raises questions about the future of migrant centers operating under Italian jurisdiction in Albania.
Context: The court determined that the Libra migrants must return to Italy because Albania cannot serve as a safe country under EU legal standards, preventing their detention or continued stay in Albanian facilities.
Italian magistrates cited a European Court of Justice ruling on October 4 that establishes that a country can only be considered “safe” if there is no risk of persecution, discrimination, or torture for any individual. According to the court, Egypt, Bangladesh, and Tunisia—the countries of origin of the migrants—do not meet these criteria.
The court’s section head, Luciana Sangiovanni, clarified that:
- Detaining migrants in Albania or equivalent transit areas would violate EU legal principles.
- Italian authorities remain obligated to process asylum applications on Italian soil.
Prime Minister Edi Rama also affirmed that migrants cannot remain in Albania indefinitely or be released into Albanian territory, indicating they must return to Italy.
Next steps: The 12 migrants, currently housed at the Gjadër camp, will soon be transferred to the port of Vlorë for transport back to Italy. They will then be given 14 days to appeal their asylum rejections in Italy, where cases will be reviewed on an individual basis.
However, logistical challenges have raised concerns. The two-day mission of the Libra vessel, which cost €20,000 per migrant, has been criticized as inefficient, with only a fraction of rescued individuals placed on board for transfer to Albania.
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