First country of asylum

Author

ASGI Visit Website

The Procedure Decree provides for the “first country of asylum” concept as a ground for inadmissibility (see Admissibility Procedure). The Territorial Commission declares an asylum application inadmissible where the applicant has already been recognised as a refugee or subsidiary protection status holder[1] by a state party to the 1951 Refugee Convention and can still enjoy such projection.[2] The “first country of asylum” concept has not been used in practice.

[1] Art.29 of Procedure Decree as amended by Law 238/2021 in order to fulfilment of the obligations deriving from Italy’s membership to the European Union, extended to subsidiary protection holders the inadmissibility.

[2] Article 29(1)(a) Procedure Decree.