A series of proposed amendments to the Italian government's controversial security decree would mean increased tightening on asylum applications and detention for migrants who returned after being expelled
Asylum seekers and migrants who were expelled and then returned to Italy may face more rigorous procedures and harsher penalties if a series of proposed amendments to the Italian government's security decree are approved.
One article of the legislation would undermine the right to humanitarian protection - which is a precondition for a series of rights, including asylum - under several conditions. According to the proposed amendments to the legislation, the right to humanitarian protection would be rejected when the asylum seeker is found to have "illegally entered national territory, or illegally extended his stay and without a justified reason did not apply in a timely manner according to the circumstances of his entry."
The Italian association ARCI called the proposal "a measure that risks eliminating" the entire right to asylum.
ARCI says 'right to asylum at risk'
The amendment in question refers to European Directive 32 of June 2013, which provides for an expedited procedure for asylum seekers who illegally enter an EU country. Italian Interior Ministry sources said the proposal takes into account the directive and effectively confirms that those who illegally enter Italian territory must present an asylum request in a timely manner.
The proposed measure does not indicate how much time the asylum seeker has to submit the request, and ministry sources said evaluation can only be on a case-by-case basis. However, according to the proposed measure, if the application is not presented in a timely manner "without a justified reason," it would be "manifestly unfounded."
Filippo Miraglia of ARCI said that the measure "risks completely cancelling the right to asylum in our country, because it could hinder the asylum seeker's access to the asylum procedure by 100 percent." Miraglia explained that no one legally arrives to seek asylum because "you can't legally enter [the country] to request asylum: no visa exists for an asylum request."
Prison for those previously expelled
Another amendment to the security decree proposes what amounts to 'criminalization' of expulsion. The amendment provides for one to four years of prison time and immediate accompanied expulsion at the border for foreigners who had previously been removed from the country at the border and then returned to Italy without a special authorization by the Interior Ministry. The maximum penalty increases to five years if the foreigner was already cited for having violated expulsion and subsequently returned to Italy.
An additional amendment to the legislation provides for accelerating the evaluation procedure for international protection requests. With an Interior Ministry decree which will go into effect on January 1, 2019, additional territorial commissions could be set up for eight to ten months to evaluate requests. A total allocation of 2,481,000 euros has been made for related expenses in 2019.