Europe's New Asylum Rules: Process Begins to Return Asylum Seekers Who Reached Other Countries via Italy

ROME - Following the implementation of the European Union's new migration and asylum regulations, the process of returning asylum seekers who reached other European countries via Italy has begun.

The new Asylum and Migration Management Regulation, which came into effect on June 12, 2026, replaces the old Dublin Regulation. However, the core principle determining which country is responsible for an asylum application remains in place. In general, the member state where an individual first enters the European Union is designated as the country responsible for the asylum application.

This means that in cases where Italy is determined to be the responsible country for asylum seekers who entered Europe through Italy and subsequently reached Germany, Austria, Switzerland, Finland, Sweden, or the Netherlands, the process to transfer them back to Italy will proceed.

Process to Return to Italy Restarts

Since the implementation of the new rules, other European countries have begun to advance transfer processes toward Italy.

Following Germany, Austria, and Switzerland, Finland has also announced that it has begun the process of transferring asylum seekers to Italy. The Finnish Ministry of the Interior stated that since the new migration and asylum management rules are in effect, transfers to Italy can resume, and the process for this is underway.
Subsequently, Sweden, the Netherlands, and Ireland have also moved forward with transfer processes, identifying Italy as the responsible country. (euronews)

This has created a situation where the process of returning individuals who entered through Italy and sought asylum in other European countries will become more active in the coming period.

The Role of Fingerprints and Eurodac

The European Eurodac system is critical in this process.

Biometric data collected during asylum applications and border entries help identify which European country an individual first entered or where they previously initiated asylum proceedings.

The new regulations have expanded the scope of Eurodac. The European Commission's assessment notes that Italy has completed the technical preparations to connect its system to the central Eurodac system.

As a result, it will be easier for relevant authorities to uncover the previous records of individuals registered in Italy who later arrived in other European countries.

Italy's Responsibility Now Up to 20 Months

Another significant change in the new rules is the duration of the responsible country's obligation.

The responsibility for the country of first entry has been extended from 12 months to 20 months under normal circumstances.
In cases where an individual is brought into a country for the first time following a sea rescue, the period of responsibility remains 12 months.
If an asylum seeker intentionally goes off the grid or hides to avoid transfer, the period of responsibility can be extended up to three years. In such cases, the responsibility may shift to the country seeking the transfer after the designated period expires.

This means Italy's responsibility does not end simply because an individual who first entered or registered in Italy spends some time in another country.

However, Italy is Not Accepting All Transfers Immediately

Although the new rules clarify the path for transfers, disputes have arisen between Italy and other European countries regarding their practical implementation.

According to the European Commission's preliminary assessment, between June 12 and July 7, 2026, 12 transfer requests were made to Italy. During that period, Italy rejected those requests. One of those transfers was completed based on an old request confirmed before June 12.

However, the situation has since changed. Various European countries have started proceeding with transfers to Italy under the new rules. The Italian Ministry of the Interior has also added more staff to its national unit to implement the new system, increased its capacity for transfer-related work, and is preparing to conduct procedures in accordance with the new system.

First Major Dispute with Germany

A dispute arose between Rome and Berlin after Germany initiated the process of returning certain asylum seekers to Italy who had reached Germany via Italy.

Italy signaled its position not to accept the transfer of the initial three individuals Germany sought to send back. The Italian government argued that those cases related to incidents occurring before the new rules came into effect and could not be processed under the new regulations.

This shows that despite the implementation of new rules, there will continue to be disputes regarding the transitional arrangements between old applications and the new regulations.

The Role of the Courts is Also Important

Even if a decision is made to return someone to Italy, the individual concerned retains the right to challenge it legally.

Specifically, issues regarding whether sufficient housing, basic amenities, and legal protection are available in the responsible country can be raised in court. Therefore, the process is not fully automatic simply because Italy is the country of first entry. Along with determining the responsible country, legal proceedings and the rights of the individual must also be considered.

Direct Impact on Nepali Asylum Seekers

This new system is also significant for Nepali citizens who entered Italy and subsequently reached other European countries.

If a Nepali citizen has registered fingerprints in Italy, applied for asylum in Italy, or if Italy is determined to be the responsible country for their asylum application under the new rules, their connection to Italy will be checked when they apply for asylum in another European country later.

If Italy is determined to be the responsible country, the respective country will proceed with the transfer to Italy.

The new rules also clarify the applicant's obligation to remain in the responsible country. Attempting to continue the process in another country after responsibility has been determined may lead to legal consequences.

However, there are provisions where the responsible country may differ based on family relationships, visas, legal residency, or other special legal grounds.

What is Changing in Europe Now?

The goal of the new system is to control the situation where the same individual applies for asylum multiple times in various European countries and to speed up the determination of responsibility for applications.

The new rules have shortened the procedures for the responsible country to accept an application, as well as the deadlines for sending requests and providing responses.
Additionally, provisions have been made for further legal accountability for individuals attempting to avoid transfer.

The European Commission is continuously monitoring the implementation of Italy's new system. The Commission has stated that it will conduct further evaluations regarding the new responsibility rules and the practical implementation of transfers by October 15, 2026.

Therefore, the current situation is clear: if Italy is the responsible country of first entry, other European countries will initiate the process to return asylum seekers to Italy. The new rules have established a clearer and faster legal structure for such transfers than before. However, each individual's transfer will only occur after the relevant legal processes are completed. Not every person with Italian fingerprints will automatically be sent back to Italy.