The Council of State has ruled that the Netherlands cannot send asylum seekers back to Italy due to concerns over human rights violations. The court stated that there

is a real risk that refugees could end up living on the streets in Italy, which would contravene their human rights. Under the Dublin agreement, refugees must have their cases assessed in the first EU country they set foot in, but the court has determined that this cannot be applied in this case.

The Dutch immigration minister, Erik van der Burg, had refused to consider the requests for asylum from two men, one of whom had applied for asylum three times in Italy, and had sought to send them back to Italy. However, the court has found that the current situation in Italy means that asylum seekers risk having their basic needs, such as shelter, food, and water, not being met. The court has previously made similar rulings regarding Croatia, Greece, and Malta.

The minister has expressed disappointment with the ruling, stating that Italy is an important country and that many people arrive there. However, the court has found that the current situation in Italy means that it is not possible to determine when these problems will be resolved and when the transfer of refugees to Italy will be possible again. Photo by Mstyslav Chernov/Unframe, Wikimedia commons.