The migrants were among 49 individuals transported to Albania on an Italian naval vessel on Tuesday | Photo: Florion Goga/REUTERS
The migrants were among 49 individuals transported to Albania on an Italian naval vessel on Tuesday | Photo: Florion Goga/REUTERS

The 43 migrants were illegally deprived of legal assistance in a speedy procedure, the TAI Asylum and Immigration Board has said. The migrants came from Bangladesh, Egypt, Ivory Coast, and Gambia, according to Italian media.

Italian authorities on Thursday (January 30) rejected the asylum applications of 43 migrants transferred to Albania, a move criticized by a non-governmental delegation for allegedly denying them proper legal assistance.

"The commission is clearly operating in line with the expressed desire of the government to refuse asylum requests, in violation of international, European and constitutional law," the TAI Asylum and Immigration Board said in a statement.

Who are the migrants?

The migrants were among 49 individuals transported to Albania on an Italian naval vessel on Tuesday, as part of a five-year agreement between Italy and Albania to process asylum cases outside EU borders. The centers, built and managed by Italy, are intended to streamline asylum procedures. According to Italian media, the transferred individuals came from Bangladesh, Egypt, Ivory Coast, and Gambia.

Five migrants, including minors and those deemed vulnerable, were immediately returned to Italy. Of the remaining 44, 43 underwent a rapid asylum hearing, while one case is set to be reviewed separately.

This marks the first group of migrants processed under the agreement, following previous legal challenges in Italy, where courts blocked the transfer of two groups in 2024.

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The TAI delegation criticized the expedited hearings, stating that the asylum-seekers lacked legal representation and adequate time to prepare their cases. Authorities dismissed all 43 claims as "unfounded."

"These are decisions that involve the lives of asylum-seekers who have terrible stories of violence and torture behind them, and they cannot be taken in such a short period of time without the possibility of legal aid," TAI said.

The asylum-seekers now have seven days to appeal the decision in an Italian court or face deportation directly from Albania under the bilateral agreement. Italy has yet to clarify how it will repatriate individuals whose appeals are unsuccessful.

Italy's third attempt

This is Italy's third attempt to enforce its 670 million euros (730 million US dollars) agreement with Albania to establish migrant detention and processing centers.

In October and November, Italian courts blocked the detention of two groups -- primarily men from Bangladesh and Egypt -- at the Albanian facilities. The judges cited rulings from the European Court of Justice (ECJ), arguing that the migrants' home countries could not be deemed entirely safe for return if their asylum claims were denied.

The ECJ is now set to review whether Italy’s decision to outsource its migration and asylum procedures to Albania complies with EU law, with a ruling expected in the coming weeks.

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Last June, the Italian Juridical Association for Immigration Studies (ASGI), an independent group of lawyers and scholars specializing in migrant rights, released a report highlighting concerns over the proposed process for evaluating the needs of rescued individuals at sea before deciding on their immediate transfer to Albania.

"It is practically impossible to carry out a screening with respect to the identification of all vulnerabilities at the same time as rescue at sea ... Despite knowing that asylum seekers with special needs should be brought to Italy, it is already assumed that it will be impossible to identify them before disembarking in Shengjin," ASGI wrote in the report. 

With AP