The Court originated from the pushback of a group of Eritrean nationals travelling by sea from Libya to Italy in 2009. The Court recognized the applicants’ right to re-enter Italy and to formalize an asylum application. The Court acknowleged that there would be a significant gap in the asylum protection if an asylum seeker would not be able to formalize an asylum application due to his or her absence from the territory as a result of an illegal act committed by the Italian authorities. That gap in protection would be contrary to constitutional principles and the EU Charter of Fundamental Rights. The Court dictated that the state administration issue a visa for humanitarian reasons to the applicants for re-entry. The legal action was civil proceedings.
Anonymous v the Ministry of Interior, the Ministry of Defence, the Ministry of Foreign Affairs, the Presidency of the Council of Ministers – N.R.G. 5615/2016
Court Court of Rome
Found for Applicant