Among Mr. Macron’s new get-tough measures is a provision that asylum seekers would have to wait three months before qualifying for non-urgent health care. The decree isn’t perfect, but it’s a step in the right direction. In the medium/long term, the decree will cause thousands of asylum seekers and people with temporary protection status to lose their residency permit but there is no mechanism to get them to leave Italy. The construction of prefab-style accommodation at Yarl’s Wood follow a series of damning reports about two former army barracks sites in Kent and Wales being used to hold up to 600 asylum seekers. A main goal of the new law is to send home hundreds of thousands of undocumented migrants. Help us continue to fight human rights abuses. The new law extends the amount of time that an asylum-seeker can be detained from three up to 18 months, the maximum time allowed by the EU. The new rule, effective August 21, 2020, removes the current 30-day timeline from the date an asylum seeker files Form I-765, Application for Employment Authorization to grant or deny this benefit. Italian Government has set an aim to send 500,000 asylum seekers to their home country. There are still many unanswered questions about this effort to thwart asylum seekers, but this is what we know so far. 47 of 2017 defines “unaccompanied foreign minors” as minors who are not Italian or EU citizens, who for whatever reason are found in Italian territory or are subject to Italian jurisdiction, and who lack the assistance or representation of their parents or other adults who would be responsible for them according to Italian legislation.Law No. But it looks it would become a worst place for asylum seekers in very near future. Those who had been granted this status received a 2-year, renewable residence permit and the right to work. Italy was a popular country among migrants who want apply asylum in Europe. In sum, the analysis shows that the decree will likely cause more problems than it solves. Piedmont Gov. Furthermore, it removes the right of failed asylum seekers to live in Italy who are already living in Italy just because they cannot go back to home country due to risk of life. One of the recommendations of Alessandra Corrado, author of the European Policy Institute study, is for Italy to create permanent regularisation mechanisms, whereby migrants who can demonstrate that they have lived in the country for a number of years and are employed, are able to gain legal status. The number of foreigners living in Germany increased from 6.7 million in 2005 to 10.9 million in 2018. Who can apply for asylum. It is unclear how the new ruling will be received and implemented by the regional asylum commissions, but it is likely that the impact of the new restrictive measures over the ending cases will be somewhat lessened by this new ruling, as most of the protection requests that are currently being processed were made prior to the issuing of the new law. © 2021 Mixed Migration Centre. It is therefore highly doubtful that it will lead to better governance of mixed migration in Italy. Aug. Italy has finally announced its new Immigration and Asylum laws bringing more compact system for the government to handle asylum seekers. The rule will require migrants to wait 365 days from the day they file their asylum petition before applying for work authorization, replacing the previous 150-day timeline. Italy’s legislation governing asylum and humanitarian protection includes Law No. By one estimate, more than 37,000 people became undocumented since 2018 because humanitarian permits were abolished. You should contact a legal adviser before making any decisions. Join our movement today. Most human rights organizations including Amnesty International - Greece have criticized severely the new legislation. The law sets up a protection system for asylum requesters and refugees that pivots around local entities dedicated to the assistance of these persons. Sergio Chiamparino, told … Germany’s strong economy and its relatively welcoming approach towards refugees during the peak arrival years of 2015 and 2016, have contributed to the country becoming a magnet for immigrants and asylum seekers. A new law introduced by Italy's hard-right government removes support from tens of thousands of asylum seekers, and will make it more complex — and risky — for NGOs to support them. United Kingdom Asylum Law Guidelines. In total last February applications for … Italy’s inability to send home most rejected asylum seekers on one hand and its increasing demand for migrant workers on the other have caused the number of foreigners living undocumented in the country to increase since 2013. The decree, adopted October 5, essentially re-establishes in Italian law the residency permit on humanitarian grounds that Salvini abolished in 2018, now called “special protection.” This two-year permit is for people who don’t qualify for asylum, but who shouldn’t be sent away because they would face a risk of torture or inhuman or degrading treatment. This will help prevent people falling into undocumented status. Many cannot be returned to their homelands because Italy does not have readmissions agreements with most of the relevant countries in Africa. Note: This information is a general guide on asylum law and processes for support. Abolishing humanitarian protection is significant because in the past few years it had been the most common form of protection in Italy; it was granted to about 100,000 asylum seekers since 2008, including a quarter of all applicants in 2017. John Dalhuisen and Gerald Knaus, from the European Stabilisation Initiative (ESI),  argued that to address the increase of undocumented migrants, Italy needs to have a more effective entry system for foreign workers to meet labour demand in sectors such as agriculture. Italy’s Democratic Party-Five Star Movement coalition government should revoke anti-asylum and anti-rescue measures held over from the previous government, Human Rights Watch … The government chose to reduce from 1 million to 50,000 euros, rather than eliminate, the noxious fines on ships that perform search-and-rescue at sea. The decree also stipulates that people whose asylum process is being examined cannot obtain an identification document, which in Italy is a precondition for signing an employment contract, renting a house, opening a bank account, accessing public housing, enrolling to public health care, and applying for welfare subsidies. Crucially, the decree allows people to convert this and other short-term residency permits into longer-term residency permits based on employment. However, asylum seekers should make their application as soon as possible. Please give now to support our work, New Decree Rolls Back Some of the Worst Aspects of Immigration Policy. The European Union has proposed an ambitious new plan to deal with the thousands of asylum seekers who continue to arrive on Europe’s shores. Migrants workers going back to the "Ghetto di Rignano", after a day or work in the nearby tomato fields. The Treatment of Unaccompanied Migrant Children in the French Hautes-Alpes, EU Policies Contribute to Abuse of Migrants in Libya, Human Rights Watch defends the rights of people in 90 countries worldwide, spotlighting abuses and bringing perpetrators to justice. The 19th of February, the Italian Cassation Court established that the Salvini decree is not retroactively applicable before October 5, 2018, when the new law went into effect. Law No. Trending Topics. The United Kingdom asylum rules and regulations change on a regular basis. But … Most of them live in degrading and unsanitary conditions, and frequently face exploitative working conditions, including having their identity documents confiscated by mafia-like middlemen called ‘caporali’ and being subjected to severe abuse and forced labour. In 2019, Britain used this system to ask for more than 3,000 transfers, but only 263 were actually made. At the same time, the Italian agriculture sector’s growing reliance on undocumented foreign workers incentivizes migrants to come or stay in Italy, exposes them to dangers, and hinders the country’s economy. The permit is also for people who have family and social links in Italy, or who suffer from serious physical or mental health issues. While the previous government restricted the nation’s reception system to recognized refugees and unaccompanied children, the new decree opens the doors to asylum seekers … Several Italian mayors and governors are challenging a new law introduced by the populist government that cracks down on asylum-seekers. According to Italian law, there is no formal timeframe for making an asylum application. The decree reduces detention pending deportation to three months from six. J Judges to be included in the specialised sections should be appointed on the basis of specific skills acquired through professional experience and training. Italian far-right interior minister Matteo Salvini has been the biggest change ever as for as refugees laws and rights are concerned in Italy. The main provision of the new Italian legislation is the abolishment of humanitarian protection, a form of temporary protection issued to asylum applicants who did not qualify for refugee status or for subsidiary protection, but were recognised as vulnerable. The intention to make an asylum application may be expressed orally by the applicant in his or her language with the assistance of a linguistic-cultural mediator. One large blot on the decree is the failure to take a clear stand against criminalization of humanitarian activities. 47 contains the following protect… The so-called employment toleration law gives well-integrated, tolerated asylum seekers (Duldung status) with a job the chance to remain permanently in Germany despite their rejected asylum application. This week, the council of ministers adopted a decree that reverses many of the worst policies imposed by the previous interior minister and current leader of the anti-immigrant League Party, Matteo Salvini. Ministers are planning a law change to make it harder for adult asylum seekers to pretend to be children, it was revealed today. Italians and asylum seekers from the local specialized reception center work together to clear debris after floods in Belluno, Italy, November 2018. He always stood clear for his policies ever since he came into action back in Summer 2018. Salvini’s intention is for those who aren’t granted any type of protection to be detained at repatriation centres, but there is not enough room in these centres for all the people who are supposed to be repatriated. the ending cases will be somewhat lessened by this new ruling, estimated at approximately 40.000 people over the next two years, growing demand for foreign workers in Italy’s agricultural sector. A bill proposed by Italy's far-right interior minister applies harsher criteria for asylum seekers was passed Wednesday. The “Salvini Decree” claims to better control migration and to make Italy more secure. To find out if asylum-seekers had already registered in other EU countries, British officials could tap into the bloc's fingerprint database of asylum applicants, EURODAC, and set the ball rolling. Last year, six United Nations human rights authorities called on Italy to incentivize rather than discourage shipmasters from fulfilling their moral and legal obligation to respond to ships in distress. Federal law states that anyone can apply for asylum on U.S. soil, regardless of immigration status. The new listing has been published. However, the restrictive measures will still apply to new arrivals and, more importantly, to those who will have to renew their permits, estimated at approximately 40.000 people over the next two years, whose humanitarian permits will now not be extended. Because Italy’s Rightwing Government making very strict policies against asylum seekers. [1] However, asylum seekers should make their application as soon as possible. The decrees and laws eviscerated Italy’s asylum procedure and reception system, and formalized Salvini’s “closed ports” policy, which blocked boats … It pledged last year to do so, and now the Italian government has restored some humanity to its immigration and asylum system. This is because of Decree of Matteo Salvini which suspended the cases of asylum seekers who were in Italy with a status based on “Socially Dangerous”. ... ahead of Italy … According to the Salvini decree, people who had been granted humanitarian protection status will be re-evaluated once their residence permits expire. Before discussing the specifics of the law, a technical observation is in order. As of 2015 roughly 48 percent of the agricultural workforce (about 405,000 people) were not Italian. In late 2018, the Italian government began implementing a new legislation that restricts access to protection for refugees and migrants in the country and hardens border security to deter incoming irregular migration. Moreover, it is reducing the protection space for refugees and migrants, hampering integration for those who will be allowed to stay and pushing even more people into vulnerable situations. The Italian Coast guard, sometimes with the help of private NGO organizations, often coordinate rescue operations of migrants abandoned in the Mediterranean Sea. The intention to make an asylum application may be expressed orally by the applicant in his or her language with the assistance of a linguistic-cultural mediator. Forin, R. Foggia 2016. In Italy there is just one asylum procedure and the asylum claim can be put in at the provincial police station (Questura) or a border police office. The main provision of the new Italian legislation is the abolishment of humanitarian protection, a form of temporary protection issued to asylum applicants who did not qualify for refugee status or for subsidiary protection, but were recognised as vulnerable. It also ensures asylum seekers have the right to register with the city hall where they live, since a Constitutional Court ruling this past July found the denial of this right made it “unjustifiably difficult for asylum seekers to access the services to which they are entitled.”. submission of asylum requests They suggest that Italy offer African countries an annual contingent of regular visas in return for their cooperation on readmission agreements. But this goal is impossible to achieve because Italy lacks readmission agreements with most countries of origin of the migrants it wants to send home. The law mainly will help asylum seekers (asylbewerber) in Germany to finally convert their status into proper visa of 2.5 years. Turkey Visa-Free Entry for Pakistanis? Despite the reasons cited for its adoption, the decree does not meet the constitutional and legislative requirements of necessity and emergency, since, as Salvatore Fachile, an attorney at ASGI,explained, “It contains both regulations that do not require immediate application as well as heterogeneous ones.” A serious and substantial reform of issues relating to foreign nationals should be implemented through ordinary legislation and th… The majority of applications for asylum, according to data of the Interior Ministry, come from countries in sub-Saharan Africa (Gambia, Senegal and Nigeria occupy the top three positions in the list of countries of origin of asylum seekers in Italy). Application According to Italian law, there is no formal timeframe for making an asylum application. Instead of humanitarian protection status, the Salvini decree introduces “special permits” for specific foreigners who prove to be victims of a limited set of circumstances or have serious health issues. Instead of humanitarian protection status, the Salvini decree introduces “special permits” for specific foreigners who prove to be victims … In January, more than 500 people were ousted from a refugee reception centre in a town close to Rome, and Salvini announced his intent to shut down Italy’s largest reception centre – which houses 1300 people – within a year. Currently, asylum seekers must wait 150 days after submitting their asylum application before filing an … The current government has delayed disembarkations and impounded rescue vessels on administrative grounds. Decree Law 13/2017, implemented by L 46/2017, has established specialised sections in the Civil Courts, responsible for immigration, asylum and free movement of EU citizens’ cases. Italy’s New Asylum Legislation: toward a better migration management? Human Rights Watch is a 501(C)(3) nonprofit registered in the US under EIN: 13-2875808, (Acting) Deputy Director, Europe and Central Asia Division. Zampa law: extra budget The new law includes additional budgetary provisions on top of €600 million which the Government of Italy had already allocated in 2016 to municipalities, groups and caregivers to help them cope with the large influx of refugees and migrants in reception centres. Get updates on human rights issues from around the globe. Asylum Procedure. Read more: New Italian law adds to unofficial clampdown on aid to asylum seekers Prominent Italians, including the mayors of Milan and Naples, have publicly opposed the new measures on ethical grounds, while the governors of Tuscany and Piedmont have said they will … Another major obstacle to Salvini’s plan is the constant and growing demand for foreign workers in Italy’s agricultural sector. 10 Jan. Visa and Immigration News EU Countries Announce Changes in EU Blue Card Salary ... What does it take to get a residence permit of Italy under new law decree.....[Read More] 2 Comments . 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