The Netherlands may not send you back to Italy at this time
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The Netherlands may not temporarily return people who fled to the Netherlands via Italy to Italy – not even if they were previously registered in Italy. This is because there are no places in reception centres available in Italy.
Too great a risk that Italy will not meet basic needs
This was decided by the
Council of State
These include needs such as shelter, food and water. As this violates European law, the Netherlands may no longer send asylum seekers back to Italy until the situation in Italy is good enough.
Italy asks other countries not to send people back
Within Europe, it has been agreed that the first country where you are registered as a refugee is responsible for your asylum application. This agreement is called the
When you apply for asylum in the Netherlands, the police check whether you have previously been registered in another European country. If this is the case, the
Immigration and Naturalisation Service (IND)
This also happened with Italy. However, in December 2022, Italy asked all EU countries not to send people back, despite the Dublin regulation because there are too few places in reception centres in Italy. This is because Italy is often the first country where people arrive who flee to Europe.
The IND may not send you back to Italy
The court decided that people should not be sent to Italy after the IND refused to process the asylum claims of two men. The IND found that Italy was responsible because the men were already registered in Italy.
Perhaps the Netherlands is not processing your asylum application
If you have applied for asylum in the Netherlands, but were previously registered in Italy, the courtundefineds ruling does not mean that the Netherlands will automatically process your asylum application. The IND is still asking Italy to take over asylum applications.
After Italy accepts the application, the Netherlands still has six months to send you back to Italy. If the situation with reception centres in Italy improves within that time, you may still be sent to Italy within six months. If the situation with reception centres does not improve within that time, only then will the Netherlands be responsible for your application.