Repatriation Isn't That Simple! Italian Judges Say Cases Must Be Examined One by One, Four People Stay for Now

Something interesting happened recently. In Palermo, Italy, the court issued four rulings within five days, suspending the rejection of asylum applications from three Egyptians and one Bangladeshi. They were originally to be repatriated through an accelerated procedure, but now the cases have returned to the ordinary procedure.

Earlier, the territorial commission at the reception site said their asylum applications were 'unfounded' under new EU regulations. There is an EU regulation that says if the applicant's home country has an asylum approval rate below 20% across the EU, the case can be put on the fast track. There are also other provisions stating that once conditions are met, border procedures must be initiated and everything wrapped up within 12 weeks.

But the judges at the Palermo court thought differently. They said the EU regulation itself contains exception clauses. If the situation in the applicant's home country has changed significantly after the statistics were compiled, or if the applicant belongs to a particularly vulnerable group, then the statistics cannot represent everyone.

The judges also said the government cannot simply throw people into the accelerated repatriation channel based only on the 'below 20%' probability. Statistics can only serve as a reference clue. Before deciding to use the fast-track procedure, the government must explain why this particular person does not need special protection.

As a result, the burden of proof has shifted back to the government. After the cases were transferred to the ordinary procedure, hearings were scheduled from October to December. During this period, the four people will not be deported for the time being.

Anyway, repatriation is not that simple.