Order No. 22162 of 2024: Appeal of Transfer Decrees and Right to Defence

Recently, Order No. 22162 of August 6, 2024, has generated considerable interest within the field of international protection law, particularly concerning the appeal of transfer decrees issued by the Dublin Unit. This ruling, issued by the Court of Cassation, clarifies fundamental aspects of the special chamber procedure and the rights of asylum seekers within the Italian legal framework.

Context of the Ruling

The central issue addressed in the ruling concerns the possibility of appealing transfer decrees and the methods for exercising this right. Specifically, the principle established is that filing the claim does not result in the forfeiture of the right to appeal. This means that applicants can continue to assert further grounds for challenging the contested measure even after submitting the initial filing.

CONDITION OF International Protection - Dublin Unit - Appeal of Transfer Decree - Special Chamber Procedure - Rationale - Forfeiture of Appeal through Initial Filing - Exclusion - Consequences. In the procedure for appealing transfer decrees issued by the Dublin Unit, the specific nature of the rules governing the special chamber procedure, which preside over the establishment and conduct of the adversarial process, in order to balance the need for procedural speed with the effectiveness of the remedy provided, excludes the possibility that filing the claim results in the forfeiture of the right to appeal. Consequently, the applicant may, during the proceedings, raise further grounds of challenge against the contested measure, including through the submission of written notes.

Implications of the Ruling

This decision has significant implications for asylum seekers and their legal representatives. In particular, it allows for greater flexibility and opportunities for defence during the appeal process. It is crucial for applicants to be informed of this possibility, as it enables them to contest any errors or formal defects even after the commencement of proceedings.

• Possibility to raise further grounds during the proceedings.
• Protection of asylum seekers' rights.
• Clarity on the specific nature of the special chamber procedure rules.

Conclusions

In conclusion, Order No. 22162 of 2024 represents a significant step in strengthening the rights of asylum seekers within the framework of international protection. The ability to appeal transfer decrees without forfeiting the right to appeal is a principle that promotes a balance between the speed of proceedings and the necessity of ensuring adequate adversarial proceedings. This ruling, therefore, not only clarifies procedural aspects but also reaffirms the fundamental value of defence in the right to international protection.