European Court Ruling Disrupts Asylum Seekers’ Offshore Plans
European nations aiming to adopt Italy’s contentious policy of sending some asylum seekers to offshore deportation centers have encountered a significant setback. On March 1, 2024, the European Court of Justice (ECJ) ruled that while Italy may continue to operate its centers in the Albanian cities of Shengjin and Gjader, the criteria for determining which asylum seekers can be sent there require closer scrutiny. The court emphasized that a country of origin can only be designated as “safe” after an effective judicial review, ensuring that vulnerable groups are not returned to perilous conditions.
This ruling is poised to influence new EU asylum regulations set to take effect in June 2024. These regulations aim to enable member states to establish their own lists of “safe” countries, thereby expediting and outsourcing the asylum process. Currently, the EU’s own list includes countries such as Bangladesh, Colombia, Egypt, India, Kosovo, Morocco, and Tunisia. However, human rights advocates have raised concerns about the safety of these nations for all residents.
Amnesty International highlighted this issue in a statement made in July 2023, noting that the proposed EU list categorizes countries from which 20% or fewer asylum applications are granted international protection in the EU as “safe.” The organization argued that the existence of even a 20% recognition rate indicates these countries do not provide safety for all individuals.
The ECJ’s decision stemmed from the cases of two Bangladeshi asylum seekers who were detained in Albania. They contended that returning to Bangladesh posed a threat to their safety. As various European countries express interest in developing their own deportation schemes similar to the Italian-Albanian model, the implications of this ruling are significant.
Italy’s approach, which involves a multi-million-euro investment in detention centers and “return hubs” in non-EU territories, has drawn both scrutiny and praise. A recent study by the University of Bari labeled the Italian scheme as “the most costly, inhumane, and useless instrument in the history of Italian migration policies,” revealing that it has cost Italy over €74.2 million (approximately $86 million) to date.
Despite the criticisms, the European Commission President Ursula von der Leyen and the then-President of the European Council Charles Michel praised Italy’s landmark agreement in 2023. In May 2024, the EU introduced a reform package intended to streamline migration and asylum management across Europe, particularly concerning migrants from so-called “safe” countries. Dubbed “fair but firm,” this pact outlines extensive reforms aimed at alleviating the burden on nations that traditionally receive the highest number of asylum seekers.
The future of detention hubs in Europe now hangs in the balance following the ECJ ruling. Italian Prime Minister Giorgia Meloni criticized the court’s decision, labeling it short-sighted. She stated that it “weakens policies to combat mass illegal immigration and protect national borders.” Meloni urged that this development should concern everyone, including political factions celebrating the ruling, as it limits the ability of governments to regulate migration effectively.
As the situation unfolds, nearly a dozen individuals in detention centers in Albania await their fate. These individuals hail from countries considered “safe,” including Egypt and Bangladesh, highlighting the ongoing complexities and human ramifications of the current asylum policies in Europe.
