Italy is bound by the recast Asylum Procedures Directive and has transposed its provisions in Legislative Decree No 142/2015, (Decreto Legislativo n. 142, attuazione della direttiva 2013/33/UE recante norme relative all'accoglienza dei richiedenti protezione internazionale, et al.), 18 August 2015, amending Legislative Decree No 25/2008

Legislative Decree No 142/2015, (Decreto Legislativo n. 142, attuazione della direttiva 2013/33/UE recante norme relative all'accoglienza dei richiedenti protezione internazionale, et al.), 18 August 2015, amending Legislative Decree No 25/2008

Italy has 52 external air border-crossing points.

Italy has 111 external sea border-crossing points.

Decree Law No 20/2023, as converted into law, regulates urgent measures on the legal entry of migrant workers and the prevention and fight against irregular immigration. It outlines the framework to manage hotspots, and reception centres and includes provisions to address increased migration flows. Specifically, it facilitates the creation of additional hotspots and reception centres to accommodate a surge in migrant arrivals. The decree also allows for temporary operational measures to manage these facilities effectively, including the rapid setup and expansion of infrastructure. To facilitate the prompt establishment and operation of these centres, Article 19 co. 3-bis of Decree Law No 13/2017, converted into Law 46/2017 as modified by Law 80/2025 allows for the establishment of new hotspots with exemptions from any legal provisions other than criminal law (while still adhering to anti-mafia laws, prevention measures and EU obligations), until 31 December 2026. 

This decree empowers prefects to temporarily use provisional reception facilities when government centres or established temporary structures are not available. These provisional facilities must provide essential services, including food, accommodation, clothing, healthcare and linguistic-cultural mediation. The decree eliminates the requirement for psychological assistance, Italian language courses and legal orientation in these first reception centres. Additionally, it introduces measures to manage reception centre capacity in situations of extreme urgency, allowing for temporary increases beyond standard limits which are subject to specific conditions. 

Moreover, various instruments have been employed at the regional level to address a crisis. For instance, ordinances issued by the Head of the Civil Protection Department implement specific urgent measures across different regions in response to an exceptional increase in migrant flows arriving in Italy through Mediterranean routes. Among the recent ones:

• Ordinance No 984 of 16 April 2023 introduces urgent measures in the regions of Piemonte, Liguria, Lombardia, Veneto, Friuli-Venezia Giulia, Umbria, Marche, Lazio, Abruzzo, Molise, Basilicata, Calabria, Sardegna, Sicilia, and the Autonomous Provinces of Trento and Bolzano;
• Ordinance No 990 of 2 May 2023 introduces urgent measures in Campania and Valle d’Aosta;
• Ordinance No 993 of 9 May 2023 introduces additional urgent measures in Calabria and Sicilia;
• Ordinance No 994 of 11 May 2023 extends urgent measures to Campania, Valle d’Aosta, Piemonte, Liguria, Lombardia, Veneto, Friuli-Venezia Giulia, Umbria, Marche, Lazio, Abruzzo, Molise, Basilicata, Calabria, Sardegna, Sicilia, and the Autonomous Provinces of Trento and Bolzano; and
• Ordinance No 1015 of 2 August 2023 introduces further urgent measures specifically for Sicilia to cope with the ongoing mass influx of migrants arriving through Mediterranean routes.

As of September 2024, the state of emergency remains in effect in Italy, having been extended for an additional 6 months on 9 April 2024 due to the exceptional increase in migrant flows through the Mediterranean route. 
 

The principle of protection from refoulement is enshrined in Legislative Decree No 286 of 1998, Article 19 as amended by Legislative Decree No 130/2020 and Decree Law No 20/2023, converted respectively by Law No 173/2020 and Law No 50/2023, and Law 47/2017.

More specifically:

• Paragraph 1: “In no case may the expulsion or refoulement be made to a state where the foreigner can be subjected to persecution for reasons of race, sex, language, citizenship, religion, political opinion, personal or social conditions, or risk being returned to another state in which he is not protected by persecution'.
• Paragraph 1.1: Rejection, expulsion or extradition of a person to a state is not permitted if there are reasonable grounds to believe that they are likely to be subjected to torture or inhuman or degrading treatment. In assessing these reasons, consideration is also given to the existence of systematic and serious violations of human rights in that state.
• Paragraph 1.2: '...where the requirements listed in par. 1 and 1.2. are met, the Territorial commission transfer the applications file to the Quaestor for the issue of a 'special protection permits'
• Paragraph 1-bis: “Under no circumstances may unaccompanied foreign minors be refused entry at the border'
• Paragraph 2: Expulsion is not permitted, except in the cases provided in Article 13(1), against: foreign nationals under the age of 18, except for the right to follow the expelled parent or guardian; foreign nationals holding a residence permit, subject to the provisions of Article 9; foreigners living with Italian relatives within the second degree or with their Italian spouse; pregnant women or those within 6 months of giving birth; foreigners who have a serious health condition which cannot be adequately treated in the country of origin and is certified by a public health facility or a doctor who has an agreement with the National Health Service, and a return to the country of origin would cause a significant deterioration of their health. In this case, the questore (local head of the police) issues a residence permit for medical treatment for the duration stated in the health certificate but not exceeding 1 year, renewable until the health conditions of particular seriousness duly certified persist and valid only in the national territory.
• Paragraph 2-bis: The refusal of entry or enforcement of expulsion of persons with disabilities, elderly persons, minors, members of single-parent families with minor children, as well as minors, or victims of serious psychological, physical, or sexual violence, shall be carried out in a manner compatible with the individual personal circumstances, duly established'

Protection from refoulement at external air borders

According to AIDA Country Report: Italy - 2023 Update, July 2024, based on public tenders or other temporary contract, various civil society organisations deliver information services at major airports, with oversight provided directly by the local prefectures.

In 2020, the Prefecture of Rome assigned the social cooperative Albatros1973 the responsibility of informing and managing foreign nationals arriving at Rome’s Fiumicino Airport who wished to seek asylum or were Dublin returnees. This responsibility was then transferred to the ITC cooperative for 2021 and 2022, and since 2022 to ITM cooperative. At Milan’s Malpensa Airport, the cooperative Ballafon has been providing services to asylum seekers arriving at the airport since 2020.

Protection from refoulement at external land borders

When a request for asylum is made at the border, police authorities invite the asylum seeker to go to the Questura for registration (Eurodac fingerprinting) and lodging. The applicant should lodge within 3 days from the manifestation of the willingness to apply for international protection or within 6 days if the willingness to apply for international protection is expressed to the Border Police; such terms are prolonged for 10 days in case of mass arrivals, but in practice this can take more time.

Law No 46/2017 provides the definition and function of hotspots. A foreigner who irregularly crosses an internal or external border or who arrives by rescue operations at sea is directed to a crisis point (hotspot) for first aid and assistance. Standard procedures are in place in the hotspots and some disembarkation ports for initial screening to identify people in need of international protection or relocation procedures, individuals who have specific needs and people who do not intend to apply for international protection. The Standard Operating Procedures for hotspots include collaboration among the authorities, Frontex, Europol and the EUAA.

Protection from refoulement at external sea borders

Search and rescue operations at sea are conducted by the Italian Coast Guard. The Coast Guard Headquarters serves as the Italian Maritime Rescue Coordination Centre (I.M.R.C.C.), which is the National Maritime Rescue Coordination Centre responsible for coordinating all activities related to the search and rescue of human life at sea.

When a request for asylum is made at the border, police authorities invite the asylum seeker to go to the competent Questura, based on the place of the reception center in which the asylum seeker is hosted. The applicant should lodge within 3 days from the manifestation of the willingness to apply for international protection or within 6 days if the willingness to apply for international protection is expressed to the Border Police; such terms are prolonged for 10 days in case of mass arrivals.

Law No 46/2017 provides the definition and function of hotspots. A foreigner who irregularly crosses an internal or external border or who arrives by rescue operations at sea is directed to a crisis point (hotspot) for first aid and assistance. Standard procedures are in place in the hotspots and some disembarkation ports for initial screening to identify people in need of international protection or relocation procedures, individuals who have specific needs and people who do not intend to apply for international protection. The Standard Operating Procedures for hotspots include collaboration among the authorities, Frontex, Europol and the EUAA.

Protection from refoulement in case of emergency measures related to mass arrivals

Information is currently not available.

Decree Law No 113/2018 amended Legislative Decree No 25/2008 and introduced a border procedure for border areas and transit zones. Decree Law No 130/2020 and Law No 173/2020 introduced amendments, without changing the substance of the procedure. Law 75/2025 introduced amendments to Legislative Decree 25/2008, expanding the possibility to apply Border Procedures to all Accelerated Procedures, when the willingness to apply for international protection is made at specific borders or transit zones identified by the Decree of 5 August 2019.

The examination of the application for international protection can be done under border procedures if submitted at borders and transit zones as foreseen by article 28 bis para 2 bis Legislative Decree 25/2008, for example in case of:

• an individual who submits an application for international protection directly at the border or in the transit zones after having been stopped for evading or attempting to evade the relevant checks;
• an individual who submits an application for international protection directly at the border or in the transit zones and coming from a designated safe country of origin;
• an individual submitted a claim manifestly unfounded.

The competent authority for the border procedure is the Territorial Commissions for the Recognition of International Protection. The Decree of 5 August 2019 identified Border areas and transit zones in which the border accelerated procedures may be applied and established the territorial commissions for the recognition on international protection located in this areas competent for the border procedures:

• Trieste, Gorizia;
• Crotone, Cosenza, Matera, Taranto, Lecce, Brindisi;
• Caltanissetta, Ragusa, Siracusa, Catania, Messina;
• Trapani, Agrigento;
• Città Metropolitana di Cagliari, Sud Sardegna.

The decree also establishes two new sections of Territorial Commissions in Matera (operating under the Territorial Commission of Bari) and Ragusa (operating under the Territorial Commission of Siracusa), in order to strengthen the capacity of the determination bodies placed at the borders. The sections of Matera and Ragusa are responsible for the examination of applications for international protection submitted in the border areas of Matera and Ragusa.

A decision is issued within 7 days from the transmission of the application to the Territorial Commission.

The wish to apply for international protection can be expressed at the border police office or within the territory at the Immigration Office of the police headquarter (Questura) depending on the applicant's place of domicile and place of stay, where fingerprinting and photographing (Fotosegnalamento) are carried out for the registration of the asylum application. If the asylum request is made at the border, police authorities invite the asylum seeker to go to the Questura for registration (Eurodac fingerprinting) and lodging.

During the lodging phase the Questura registers all applications using a specific form. The form and the application are sent to the Territorial Commissions, through an IT platform.

Applications for international protection are lodged in person by the asylum seeker at the Questura during the lodging phase.

Responsible authority and place

The Immigration Office of the police (Questura) registers all applications during the fingerprinting (EURODAC Cat. 1).

The EUAA provides support in the registration process within the framework of its Country Operations.

Practical steps to register the application

Registration and lodging procedures may largely depend on the arrangements made by the single Questura.

The registration phase (fingerprinting) is a preliminary activity to lodging, which generally takes place shortly afterwards. It is carried out by the Immigration Office or the forensic Police of the competent Questura and consists in taking the fingerprints of both hands and applicant's biometric data. All this data is then inserted into the applicant's file. In addition to serving security purposes, fingerprinting registers the application for international protection (Eurodac Cat. 1) and is used for the purposes of applying the Dublin procedure if Eurodac evidence emerges. At this stage of the procedure, the applicant is not issued with a document containing the results of the fingerprinting or a certification of registration.

The Eurodac Regulation (604/2013), Article 9 obliges Member States to promptly take fingerprints of all fingers of every applicant for international protection who is at least 14 years of age. The new Eurodac Regulation (2024/1358), Article 15 obliges Member States to take the biometric data of every applicant for international protection who is at least 6 years of age.

Data collection

Data are collected during the lodging phase.

Documentation

Documentation is provided after the lodging phase.

Responsible authority and place

An application for international protection is lodged in person by the asylum seeker at the Immigration Office of the Questura during the Verbalizzazione.

Formal requirements to lodge an application for international protection

The Immigration Office of the police (Questura) lodges all applications during the Verbalizzazione. This is the lodging of the asylum request using a specific form. The form and the application are sent to the Territorial Commissions through an IT platform.

Legislative Decree 25/2008 as modified by Legislative Decree 142/2015 allows parents to apply for protection on behalf of their children, when they are not married, and they are present on the Italian territory at the moment of the application. However, children can also directly apply through one of their parents.

For unaccompanied minors, Legislative Decree 25/2008, Article 6 foresees the possibility to apply directly for international protection. The application can also be lodged by the legal guardian of the unaccompanied minor based on an assessment of the minor’s personal situation (Cartella Sociale and BIA, Best Interest Assessment, for more details see Law n. 47/2017 "Zampa", Protection of Foreign Unaccompanied Minors, May 2017 and section on "Applicants with special needs"). The Territorial Commission gives priority to applications by unaccompanied minors, while the minor is assisted legally and by a guardian throughout the procedure.

Data collection

The specific form used for lodging an application consist in an interview questionnaire, in which the interviewee is required to provide personal details, nationality, mother tongue, religion, ethnicity or membership of a political group, family details, educational qualification, profession, the countries crossed during the journey, the reasons (briefly) for applying for asylum. The form is filled in by the immigration office of the relevant Questura, while an interpreter, who signs the form too, assists the applicant, if needed.

International protection applications are lodged on the IT platform. The specific form also foresees some new sections such a questionnaire to collect information about the organization of the journey, connections with armed groups and any convictions in the Country of origin.

Legislative Decree 25/2008 as modified by Legislative Decree 142/2015 allows parents to apply for protection on behalf of their children, when they are not married and they are present on the Italian territory, along with them, at the moment of the application. However, children can also directly apply through one of their parents. In case of UAMs art. 6 Law Decree 25/2008 foresees for them the possibility to apply directly for international protection. UAMs' application can also be lodged by the legal guardian of the UAM, based on an assessment of the personal situation of the minor (Cartella Sociale and BIA, Best Interest Assessment, for more details see Law n. 47/2017 "Zampa", Protection of Foreign Unaccompanied Minors, May 2017 and section below on "Applicants with special needs"). The Territorial Commission gives priority to the UAM's application, while the minor is assisted legally as well as by the guardian throughout the procedure.

The National Asylum Commission has a contractor providing interpretation services. Interpreters are screened by the Contractor which release a self-declaration. The interpreters are also obliged to adhere to a code of conduct provided by the National Asylum Commission that may request random checks and report any incompatibilities.

The Department of Public Security has different contractors providing interpretation services. The cultural mediators are deployed in immigration offices.

Documentation

Once the lodging of the application (Verbalizzazione) is done, applicants are issued the receipt of the application for international protection (Attestato Nominativo) and a Residence Permit for Asylum Application (Permesso di Soggiorno per Richiesta Asilo) or, pending its production, a ”Cedolino”(receipt of the acquisition of the request for the Permit for Asylum Application).

Information provision

As established by Art 10 of Legislative Decree 25/2008 at the time of submitting the application, the competent police office informs the applicant about their rights, duties, the procedure, and the relevant timelines, providing an information booklet that explains the procedure stages, available healthcare and reception services, safe countries of origin, and contacts of protection organizations such as UNHCR. Staff are properly trained to perform these tasks. The applicant is entitled to receive all communications in their indicated language or, if unavailable, in English, French, Spanish, or Arabic, with interpreter assistance if needed. The applicant can freely contact UNHCR or other trusted organizations. Finally, the same guarantees and information are ensured if the applicant challenges the decision in court.

As stated in Art 10-bis the information as required by Article 10 is provided to individuals expressing the intention to seek international protection at border crossings and transit zones, within the reception services established by law. Access to border crossings is guaranteed for UNHCR representatives and experienced protection organizations, although access may be restricted for security, public order, or administrative reasons, but not completely denied.

Information provision material available at lodging phase:

• Practical guide for asylum seekers in Italy developed by the Ministry of the Interior;
• Info provision on Safe country of Origin accelerated procedure ex Art. 28-bis, para. 2, c);
• Info provision on Subsequent application ex Art. 28-bis, para. 1, a);
• Information on the Dublin Regulation for international protection applicants pursuant to Article 4 of EU Regulation No. 604/2013;
• Information for unaccompanied minors applying for international protection pursuant to Article 4 of EU Regulation No. 604/2013;
• Information for guardians of unaccompanied minors applying for international protection, in accordance with Article 4 of EU Regulation No. 604/2013;
• Receipt form of the information is given to the applicant.

Requirement to submit original documents

According to Legislative Decree No 25/2008, Article 11 and Legislative Decree No 251/2007, Article 3, the applicant is obliged to hand over all documents in their possession relevant for the assessment of the claim, including the passport, when lodging the application.

Consequence of a refusal to surrender documents

Decree-Law No 20/2023, Article 7-bis, which governs the accelerated procedure for asylum applications made at the border, stipulates that if an applicant fails to present their passport or a valid document, or if they do not provide a suitable financial guarantee, they may be detained when there are grounds for detention.

Return of original documents to the applicant

According to the Practical guide for asylum seekers in Italy developed by the Ministry of the Interior, after the procedure is completed, beneficiaries of international protection receive a residence permit which is valid for 5 years and renewable. To travel outside of Italy, recognised refugees receive upon request a travel document (documento di viaggio). Beneficiaries of subsidiary protection can receive a titolo di viaggio if there are reasonable grounds which prevent them from requesting a passport from the diplomatic authorities of their country of origin.

Neither Legislative Decree 251/2007 nor Legislative Decree 25/2008 explicitly regulate electronic submission of documents by asylum seekers. The procedures remain predominantly paper-based at the frontline, although some internal administrative offices are adopting digital management systems as part of the gradual digitalization of public administration (supported by Ministerial Circulars and national digital transformation policies). 

Legislative Decree No. 251/2007, in Article 3, outlines the applicant's right and responsibility to contribute to the examination of their asylum application. The article establishes that the asylum seeker must cooperate with the competent authorities by providing all information and documentation relevant to their claim. This includes not only identity documents but also any other evidence that can substantiate the application, such as personal declarations, witness testimonies, or other supporting materials. The provision underscores the importance of active participation by the applicant in the process of determining refugee status or subsidiary protection.

Article 11 of Legislative Decree No. 25/2008 further elaborates on the procedural obligations of the asylum seeker. It emphasizes the duty of the applicant to submit all documents and evidence in their possession that may support the examination of their application. Additionally, it requires applicants to inform the authorities of any changes in their personal situation and to maintain active cooperation throughout the procedure. However, it is important to note that, while the submission of such documentation is useful and may significantly support the assessment of the claim, the Italian legislation does not establish any legal consequences for the applicant in the event of a refusal to provide additional documents.

Moreover, the legal framework clarifies that no specific documents are required to access the asylum procedure itself.

Pursuant the art. 11 of the Legislative Decree 25/2008 when the recollection of this information is needed the asylum seeker may consent the access to his electronic devices to the public security office.

According to the provision of the Legislative Decree 25/2008 as modified by Conversion Law 187/2024, asylum seekers must actively cooperate with authorities in verifying their age, identity, nationality, and travel history through countries where they have transited or resided. This applies to both asylum seekers and foreigners found in an irregular status on national territory or rescued at sea.

Legislative Decree No 25/2008, Article 37 establishes that any person involved in the asylum procedure is subject to the obligation of confidentiality concerning all information obtained during the proceedings. According to the Practical guide for asylum seekers in Italy developed by the Ministry of the Interior, authorities must not disclose any information about the application to external parties, including the authorities of the applicant's country of origin, without the applicant's consent.

Based on the Standard Operating Procedures, upon arrival each person receives an information leaflet on the legal framework related to immigration and asylum, which is distributed by UNHCR and the IOM. Other international organisations and NGOs (Save the Children for instance, which focuses on unaccompanied minors) also provide information on the legal framework related to immigration and asylum by distributing leaflets which are translated into several languages (English, French, Tigrinya and Arabic). Upon arrival, in several disembarkation areas, EUAA information provision Experts provide information on the international protection procedure and Dublin Regulation. In pre-identified hubs EUAA information provision Experts provide information on the Relocation under the Voluntary Solidarity mechanism to applicants to be included in such procedure.

According to Article 10 of the Legislative Decree 25/2008 when a person claims asylum, the police must inform the applicant about the asylum procedure and their rights and obligations, time limits and any means (i.e. relevant documentation) to support the claim. In addition, Legislative Decree No 142/2015, Article 3 provides that within 15 days of the asylum request the police should provide information on reception conditions and present the information leaflet (brochure “Practical Guide for asylum seekers” (art. 10 para. 1 Legislative Decree 25/2008) developed by the National Commission for Asylum, NCA). The “Practical Guide for asylum seekers” contains the contact details of UNHCR and refugee-assisting NGOs.

In addition, according to the procedure applicable, further information provision materials may be handled to the applicant. These additional materials have been disseminated by the Central Directorate for Migration of the Ministry of Interior to all Immigration Offices. 

Links to information provided in the national context:

The asylum authority contracts interpretation services. Interpreters are screened by the contractor and provide a self-declaration. Interpreters are bound by a code of conduct provided by the National Asylum Commission, which may undertake random checks and report any incompatibilities.

The Department of Public Security has different contractors providing interpretation services at making, registering and lodging phase.

The specific form which is completed during the lodging is available in Italian and English languages and is filled in by the immigration office of the relevant Questura with the support of an interpreter, who signs the form too.

As part article 16 of Legislative Decree 25/2008, a foreign national may be assisted by a lawyer at his or her own expense. In the event of an appeal against decisions before the courts, the foreign national shall be assisted by a lawyer. The third-country national that do not have sufficient financial sources is entitled to the “patrocinio a spese dello stato”, which is a legal assistance covered by the Italian State and provide a lawyer (avvocato d’ufficio) free of charge. Free legal assistance is provided if the applicant for international protection meets the requirements. The lawyer can be required also to appeal the negative decision. Many NGOs in Italy, such as ASGI (Associazione per gli Studi Giuridici sull'Immigrazione) provide free legal support for asylum seekers.