Italy: Unhcr asks for asylum seekers to maintain their right to appeal

The fate of asylum seekers in Italy will be decided by July 31 when final approval is due for the legislative ?safety package? that contains, among other things, the guidelines that will regulate asylum in Italy.

The most controversial section regards the guidelines for appeal: the new decrees, that began their journey through parliament on June 12, state that refugees seeking asylum who are rejected be immediately expelled and deported to their countries of origin, where in theory they will be allowed to appeal to the Italian government. This would be a move away from the current refugee law (legislative decree 25/2008, passed in March), in line with a preceding EU directive but only in force in Italy for 3 months, that does allow refugees the right to appeal while still in Italy.

The refugee issue is high on Brussels? agenda too these days: the compromise reached by Parliament negotiators and the Council on the directive on the return of illegal immigrants was approved at first reading by the full Parliament on Wednesday. This legislation, which is a step towards a European immigration policy, will encourage the voluntary return of illegal immigrants but otherwise lay down minimum standards for their treatment.

The right to appeal
Italy?s legislative decrees are being closely monitored by the UN?s refugee agency, the Unhcr, that has asked the government to ?reconsider the restrictions introduced to the security package concerning the denial of appeal?, specifying that, ?asylum seekers, should, before being sent away, have the right to a rigorous appeal procedure, in accordance with European and International law?.

The Unhcr highlighted that in 2007, 30% of appeals, when re-examined, were found to be legitimate asylum requests: people fleeing from wars or persecutions who, according to the 1951 Geneva refugee convention had right to asylum. The changes to the law being proposed risk turning away refugees who truly need asylum due to the danger of the situations they are escaping from in their countries of origin.

?In Italy there are approximately 30 thousand refugees, which when compared to other European countries is a low figure?, explains Christopher Hein, director of the Italian refugee council, who adds that ?Germany hosts 900 thousand and France 300 thousand?. The difference is that while countries that have traditionally been recipients of migrant communities, like Germany, France and Great Britain, has seen a decrease in the number of asylum seekers in recent years, in Italy there has been an increase in the number of asylum requests, in line with other Mediterranean countries (like Greece, Cyprus, Malta). What is surprising is that Europe hosts only 6% of the world?s refugee population, which is of approximately 33 million people. Pakistan and Iran host 20 percent of the world?s refugees and Africa a further 25%.

Over the course of 2007 in Italy, only 10.4% of the 14, 053 asylum seekers obtained refugee status, but 46.7% were denied refugee status while being granted humanitarian protection, which means that the threat they face is acknowledged but not considered long term.

The law that entered into force in March increased the number of years allowed for a temporary visa from 3 to 5, which can be renewed without particular requirements. Humanitarian protection grants a longer visa, from 1 to 3 years, that is renewable only once a commission has established the true risk of returning to ones country of origin.

Italian performance
According to the Unhcr, Italy?s performance on refugee issues is ?not so bad?, taken that last year half of the requests were accepted. But, a weak link remains: ?the integration of refugees once their requests for asylum have been accepted?, admits Paolo Artini during a recent conference held in Milan. During the conference, that dealt with the gap between refugee and citizen and was organised by Caritas Ambrosiana, Artini explained that : ?The structures that welcome refugees are inadequate, especially in the face of the increase in numbers in recent years: an unacceptable situation for legitimate refugees granted asylum in our country?.

Artini?s opinion is shared by the Sprar, a system that networks 115 refugee camps across Italy, who believe that a single system should be created to shelter refugees. Today, the majority of asylum seekers are hosted in centres run by the ?cpt? (temporary refugee centres that are normally used to house people who illegally enter Italy and who in theory should stay only on a temporary basis) because there are only 2, 556 places in the Sprar?s centres. ?Currently the measures we have to host refugees in Italy are determined on the availability of facilities and not on the status of the people that are being hosted?, concludes Artini.

More info
Read the European Parliamentary directive on return of illegal immigrants