The immigration judges in Rome have put a halt to the validation of the detention of seven migrants recently transferred to Albania, redirecting the issue to the European Court of Justice. Since no formal validation occurred within the legally required 48 hours, the Egyptian and Bangladeshi migrants are free to return to Italy, with their repatriation to Brindisi expected soon.
Five of these migrants were initially denied asylum under Italy’s fast-track border procedures, making their detention hearings effectively redundant, according to Rosa Emanuele Lo Faro, an immigration law expert. For two others, their cases are still under review. However, given the tribunal’s ruling, they, too, cannot be held any longer in Albania’s Gjader center, as their detention is no longer valid.
The migrants will be housed in a Cara center in Italy, where they can appeal the initial asylum denials received in Albania. They have 14 days to file their appeals, supported by legal aid and interpreters available at the center. Unlike Albania’s Gjader facility, Italy’s centers are open, allowing residents to move freely during the day as they await their case results—a process that could extend for months.
The ruling has ignited political tensions, with government officials voicing sharp criticism. Interior Minister Matteo Salvini condemned the decision as politically motivated, asserting it threatens Italian security. Foreign Minister Antonio Tajani echoed similar sentiments, while League party representative Claudio Borghi sarcastically suggested that migrants should be housed at the judge’s residence instead of Albania. Opposition leaders, including Riccardo Magi of +Europa, called on the government to halt further deportations pending the European Court’s judgment, while others highlighted perceived mismanagement of the initiative.
The Rome court’s decision mirrors challenges raised by tribunals in Bologna and Catania, as well as previous detentions in Albania. The judges emphasized that the European Union sets criteria for designating a country as “safe,” which the Italian government’s swift “safe country” decree may have disregarded. Additionally, Rome’s tribunal underscored its duty to ensure EU laws supersede incompatible national policies, as mandated by Italian law.
Meanwhile, Italy’s National Magistrates Association (ANM) defended the judiciary’s role, explaining that adherence to EU law remains essential in national courts. Secretary Salvatore Casciaro stated that the judiciary must respect EU directives, especially when doubts arise about domestic compatibility with European standards, as seen in the recent suspensions of asylum rejections for other migrants transferred to Albania.
