First country of asylum


Country Report: First country of asylum Last updated: 31/05/23


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.

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation