Analysis of Order No. 11245 of 2024: Suspension of Transfer Deadline under Dublin Regulations

The recent Order No. 11245 of April 26, 2024, issued by the Court of Cassation, has provided significant clarification regarding the management of transfer decisions adopted by the Dublin Unit in the context of international protection. The ruling is of particular relevance for asylum seekers, as it addresses the issue of the automatic suspension of the transfer deadline in case of appeals against decisions.

Regulatory Context

The judgment falls within a complex regulatory framework, which includes Legislative Decree No. 25 of 2008 and EU Regulation No. 604 of 2013. Specifically, Article 3-octies of the legislative decree establishes the procedures for appealing transfer decisions, while Article 29 of the European Regulation governs the deadline for the transfer itself. The Court highlighted that, when a request for suspension is filed, the transfer deadline is automatically suspended.

Court's Interpretation

CONDITION OF International Protection - Transfer decisions adopted by the Dublin Unit - Appeal - Automatic suspension of the transfer deadline - Duration - Criteria. In the context of appeals against transfer decisions adopted by the Dublin Unit authority to the court seat of the specialized section on immigration, international protection, and free movement of Union citizens, Article 3-octies of Legislative Decree No. 25 of 2008, as amended by Decree-Law No. 13 of 2017, converted with amendments by Law No. 46 of 2017, must be interpreted to mean that the transfer deadline, provided for by Article 29 of EU Regulation No. 604 of 2013, automatically suspended by the filing of the request for suspension of the effects of the transfer decision, in observance of the other "cornerstone rule" of the right to remain on the territory for the examination of the appeal, commences, and therefore resumes, from the communication of the definitive rejection order, and not a provisional or urgent one, of the said suspension request, or, in case of acceptance of the suspension, from the communication of the decree with which the appeal is rejected.

The Court clarified that the transfer deadline does not resume until the definitive rejection order of the suspension request has been communicated. This aspect is crucial, as it guarantees asylum seekers the right to remain on Italian territory while their appeal is being examined.

Practical Implications

This ruling has significant practical implications for asylum seekers and legal professionals. In particular, it allows for:

• Ensuring greater protection for asylum seekers during the appeal process;
• Clarifying the timing and procedures for implementing transfer decisions;
• Reinforcing the principle of the right to remain on Italian territory until a final decision is made.

In summary, Order No. 11245 of 2024 represents a step forward in strengthening the protection of asylum seekers' rights and ensuring a fair and transparent process.

Conclusions

The ruling of the Court of Cassation not only clarifies the application of the rules concerning the transfer of asylum seekers but also highlights the importance of ensuring a balance between national security needs and the protection of fundamental rights. The decision offers valuable guidance for professionals in the field and for asylum seekers, emphasizing the importance of a legal approach that respects the principles of justice and humanity.