Author
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 usually been used in practice but, in May 2026, the Territorial Commission of Trieste ruled an asylum application to be inadmissible by applying Article 29 bis (1) for a Colombian applicant who was recognised as a refugee in Ecuador. The man appealed the decision, underlining the dangerous situation existing in Ecuador and the Civile Court of Trieste suspended the expulsion.
[1] Art.29 of Procedure Decree as amended by Law 238/2021 to fulfil 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.