EU's top court limits Italy's fast-track return of rejected asylum seekers

Judges at the European Union’s top court on Friday said Italy may fast-track the deportation of migrants to countries it deems “safe”, but only under certain conditions.

The European Court of Justice (ECJ) was asked to weigh in on whether Italy’s accelerated asylum process, used to swiftly return migrants from countries not experiencing war or major crises, complies with EU law.

The case was based on a complaint from two Bangladeshi nationals who were rescued at sea by the Italian navy last year and transferred to a detention centre in Albania.

Their asylum claims were fast-tracked and ultimately rejected, because Bangladesh appears on Rome’s list of “safe” countries.

They appealed the decision in an Italian court, arguing that the government had not justified its decision to declare Bangladesh as safe, or allow them to challenge the designation.

In 2023, Italy’s government led by Prime Minister Giorgia Meloni, struck a deal with Albania to transfer some migrants to Italian-run processing centres there for a fast-track evaluation of asylum claims deemed unlikely to succeed. 

The measure, part of a broader strategy to reduce migration, has drawn widespread criticism. Italian courts have ruled against the policies and referred several cases to the EU’s court in Luxembourg for clarification.

Opposition politicians say the scheme is expensive, complicated, and damaging to migrants’ rights. A non-governmental delegation observing the process in Albania says it illegally deprives migrants of assistance during their asylum procedures.

The Luxembourg-based court on Friday said that while having a fast-track procedure doesn’t violate EU law, the designation of safe countries must be subject to judicial scrutiny so migrants can challenge their asylum decisions.

Meloni’s office accused the ECJ of over-reach and of straying into migration policy, a domain it said should be left to governments, not judges.

In a statement, it said the decision “weakens policies to counter mass illegal immigration and defend national borders" and “further reduces the already narrow margins of autonomy of governments and parliaments” to control migration.

Advocates for migrants heralded the decision.

The Italian branch of Doctors Without Borders said it created “a clear principle” that EU member states cannot declare a country safe without judicial review.

"It is no longer possible to use opaque legislative acts lacking verifiable sources to justify the swift rejection of protection applications," the group said.

The court ruling also noted a country cannot be deemed safe if there is insufficient protection for vulnerable groups, saying it must be deemed “safe for its entire population and not just for part of it”.

An Italian court held last year that migrants from Bangladesh and Egypt couldn’t be immediately returned because those countries are not safe enough.