Information provision - Italy | DIP EUAA
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Italy is bound by EU legislation and has transposed relevant provisions through the Legislative Decree No 25 of 28 January 2008 | Decreto Legislativo No 25 di 28 gennaio 2008, (28 January 2008), Legislative Decree No 286 of 25 July 1998 | Decreto Legislativo No 286 di 25 luglio 1998, (19 December 2020), the Legislative Decree No 251 of 19 November 2007 | Decreto Legislativo No 251 di 19 novembre 2007, (19 November 2007), Legislative Decree No. 142 of 18 August 2015 | Decreto Legislativo No. 142 del 18 agosto 2015.
- Legislative Decree No 25 of 28 January 2008 | Decreto Legislativo No 25 di 28 gennaio 2008, (28 January 2008)
- Legislative Decree No 286 of 25 July 1998 | Decreto Legislativo No 286 di 25 luglio 1998, (19 December 2020)
- Legislative Decree No 251 of 19 November 2007 | Decreto Legislativo No 251 di 19 novembre 2007, (19 November 2007)
- Legislative Decree No. 142 of 18 August 2015 | Decreto Legislativo No. 142 del 18 agosto 2015
| Area/stage of the asylum procedure | Competent authority |
|---|---|
| Reception | Ministry of the Interior | Ministero dell'Interno |
| Registration of application | Police Immigration Office | Ufficio Immigrazione Questura |
| Lodging of application | Police Immigration Office | Ufficio Immigrazione Questura |
| Dublin procedure | Ministry of the Interior | Ministero dell'Interno, Department of civil liberties and migration | Dipartimento delle libertà civili e dell’immigrazione |
| Assessment of application | Territorial Commissions for the Recognition of International Protection | Commissioni Territoriali per il riconoscimento della protezione internazionale, and subcontracted actors such as EUAA or UNHCR personnel |
| Communication of first instance decision | Territorial Commissions for the Recognition of International Protection | Commissioni Territoriali per il riconoscimento della protezione internazionale |
| Content of protection | Ministry of the Interior | Ministero dell'Interno |
| Appeal procedure | Territorial Commissions for the Recognition of International Protection | Commissioni Territoriali per il riconoscimento della protezione internazionale |
| Communication of second instance decision | Civil Courts (or Higher Courts) |
| Resettlement | Department of Public Security, Resettlement Unit, EUAA, International Organization for Migration (IOM), UNHCR |
In Italy, when an application for international protection is submitted, the police officer responsible for receiving the application provides the applicant with detailed information about the asylum procedure, their rights and duties during the process, appeal terms against the decision of the territorial commission and the timeline for submitting elements useful for the examination of their application. This information must be provided before the lodging phase is finalized, which occurs within three working days after the expression of willingness to apply for protection or six working days if the expression is made at the Border Police Office. These time limits may be extended by ten working days in situations involving a large influx of applicants. (Articles 10 and 26, Legislative Decree 25/2008). Upon submission of the application, the Police officials in charge of receiving the application informs the applicant orally and arranges for the delivery of the “Practical Guide for asylum seekers” (art. 10 para. 1 Lgs. D. 25/2008). 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.
The provision of information takes place at border crossing points, transit zones, or immigration offices as part of reception services. These sessions may be conducted individually or in groups and are led by police officials or subcontracted actors such as personnel from the European Union Agency for Asylum (EUAA) or the United Nations High Commissioner for Refugees (UNHCR).
The information provided includes details about the international protection application and procedure, rights and duties of applicants, reception conditions, assessment and outcomes of the application, post-decision rights and duties, residence permits, and contacts for useful addresses. To support this process, the National Commission for Asylum prepares the Practical Guide for Asylum Seekers, which outlines the stages of the procedure, the rights and duties of applicants, available health and reception services, and contacts for organizations like the UNHCR.
This guide, along with specific information provision notices for accelerated procedures has been drafted and disseminated by DPS (e.g. SCoO, e-bis, subsequent application annex/info provision, as they are recalled in section n.3 of the document) is available in numerous languages to ensure accessibility, including Italian, English, French, Spanish, Arabic, Farsi, Amharic, Bengali, Kurdish, Russian, Somali, Tigrinya, Ukrainian, and Urdu.
Information provision leaflets on access to procedure and information provision leaflets to be used at disembarkation points developed by the Central Directorate for Migration with the support of EUAA are available in the following languages: Arabic, Bengali, English, French, Urdu.
Applicants with special needs are provided with targeted materials, such as information provision leaflets on Dublin III Regulation for UAMs in multiple languages, including Amharic, Bengali, Arabic, and Tigrinya.
For third-country nationals in detention, information on the possibility to apply for international protection is provided by the managing body of the detention center. These applicants receive the Practical Guide for Asylum Seekers and other necessary information under the framework of Article 10 of Legislative Decree 25/2008 and Article 6 of Legislative Decree 142/2015.
When applicants for international protection are identified as potentially subject to the Dublin III Regulation, they are informed about the application of the Regulation and its related procedures during the lodging of their application. This process is handled by the competent authorities, including the Border Police and Police Headquarters. The information provided emphasizes the applicant’s right to a personal interview, as outlined in Article 5 of the Dublin Regulation, and the opportunity to present details about family members, relatives, or other close connections residing in other Member States. The details shared with the applicant cover a broad range of topics, including:
(a) the objectives of this Regulation and the consequences of making another application in a different Member State as well as the consequences of moving from one Member State to another during the phases in which the Member State responsible under this Regulation is being determined and the application for international protection is being examined;
(b) the criteria for determining the Member State responsible, the hierarchy of such criteria in the different steps of the procedure and their duration, including the fact that an application for international protection lodged in one Member State can result in that Member State becoming responsible under this Regulation even if such responsibility is not based on those criteria;
(c) the personal interview pursuant to Article 5 of Dublin Regulation and the possibility of submitting information regarding the presence of family members, relatives or any other family relations in the Member States, including the means by which the applicant can submit such information;
(d) the possibility to challenge a transfer decision and, where applicable, to apply for a suspension of the transfer;
(e) the fact that the competent authorities of Member States can exchange data on him or her for the sole purpose of implementing their obligations arising under this Regulation;
(f) the right of access to data relating to him or her and the right to request that such data be corrected if inaccurate or be deleted if unlawfully processed, as well as the procedures for exercising those rights, including the contact details of the authorities referred to in Article 35 of Dublin regulation and of the national data protection authorities responsible for hearing claims concerning the protection of personal data (art. 4 Dublin Regulation No 604/2013).
The information is communicated both orally and in written form. Written materials include comprehensive information provision leaflets specifically tailored for adult applicants under the Dublin III Regulation. These materials have been developed by the Central Directorate for Migration in collaboration with the EUAA and are available in multiple languages, including Italian, Amharic, Arabic, Bengali, English, Spanish, Farsi, French, Kurdish, Somali, Tigrinya, and Urdu.
Specific thematic materials, such as those for unaccompanied minors or family reunification cases, are also available in the relevant languages. These materials are available to Police Headquarters to be used and delivered.
Once the responsible Member State agrees to take charge or take back an applicant, Italian authorities issue a formal notification to the applicant. According to art. 26, para 1, 2, Dublin Regulation No 604/2013; art. 3, para 3, Lgs. D. 25/2008, this notification includes details about the decision to transfer the applicant to the responsible Member State and, if applicable, the decision not to examine their international protection application. If the applicant is represented by a legal advisor or counsellor, authorities may notify the representative instead. The notification document contains:
- Information about available legal remedies.
- Instructions for applying for suspensive effect where applicable.
- Time limits for seeking legal remedies and completing the transfer.
- Travel instructions, including the date and place of appearance, if the applicant will be traveling independently to the responsible Member State.
Applicants are informed about the admissibility and personal interview stages of the international protection procedure through structured and comprehensive information provision processes managed by police officials, the Territorial Commissions, and subcontracted actors such as EUAA or UNHCR personnel. When applicants express their willingness to lodge a subsequent application, they are informed about the admissibility interview by police officials or relevant personnel. This information is delivered both orally and in written form, using the subsequent application information provision document developed by the Central Directorate for Migration and the National Commission for Asylum, with the support of EUAA. These materials are contained within the Subsequent Annex provided during the lodging phase. For applications under accelerated procedures (e.g. hypothesis of the new accelerated procedure under art. 28 bis para 2 lett. e-bis. Lgs. D. 25/2008, Safe Country of Origin), the date of the personal interview and the specific accelerated procedure applied by the CT (art. 28 of D.lgs 25/2008) is notified immediately during the lodging phase by Immigration Offices. For other procedures (ordinary or subsequent), applicants receive notification of the interview date and location through postal service or notification by reception/detention center staff or at their own domicile, in accordance with national procedures (Art. 11 para. 3, 3-bis Lgs. D. 25/2008, Art. 5 para. 1, 2 Lgs. D. 142/2015).
During the lodging phase, applicants are informed by personnel about:
- The purpose, aim, and importance of the personal interview.
- Procedural specifics, such as the presence of psychologists for applicants with specific needs or guardians for minors.
- Rights and obligations during the interview and in subsequent stages, including information on appeals.
- The roles of all actors present during the interview (e.g., Territorial Commission representatives, interpreters).
- Issues of confidentiality and the protection of personal information.
- The availability of interpretation services to facilitate the process.
Information is communicated through:
- Oral explanations by interpreters and case officers.
- Written materials, such as leaflets and the “Practical Guide for Asylum Seekers.”
- Notifications delivered at the applicant’s residence or reception center.
Upon completing the personal interview, applicants are informed about their right to submit further evidence and the applicable timelines (Art. 31 D. Lgs. 25/2008). This information is provided orally by the case worker and interpreter.
Applicants are also briefed on the next steps in the process, including how the decision will be communicated. This is done by the Territorial Commission through written and oral communication.
Applicants granted protection status are informed of their rights and obligations through:
- The Territorial Commission decree, which outlines the specifics of their status.
- The “Practical Guide for Asylum Seekers”, which provides a detailed overview of rights, duties, and available services.
- Oral explanations during the personal interview, which provide a general overview of the rights and duties associated with the granted status (Art. 21 para. 1, 2 Lgs. D. 251/2007).
In case of notification of rejection of the application for international protection, information on the right to lodge an appeal is provided in multiple ways by the Head of the Reception/Detention center, Police Officials or by associations:
- Written notification of the decree issued by the Territorial Commission.
- Oral explanations by police personnel responsible for the notification or by the managing body of the reception/detention centre.
- Details included in the “Practical Guide for Asylum Seekers” and the information provision about legal remedies as per art. 10 para.1 Lgs. D. 25/2008 delivered orally or through ad hoc materials during the lodging phase.
In the case of a final rejection, police personnel provide information about return or Assisted Voluntary Return and Reintegration (AVRR) programs through leaflets detailing return options distributed to applicants.
Applicants receive information about their right to consult, at their own cost, a legal adviser or other counsellor on matters relating to their application at various stages of the procedure. This information is provided from the very beginning of the process, starting at the making of the request for international protection. Some details are shared orally by personnel responsible for registration and interviews, while others are outlined in leaflets distributed to applicants. Additional clarifications are provided during the interview by the case worker, who also informs applicants when notifying them at the competent Police Headquarters. Furthermore, key information is reiterated in the final decision issued to the applicant.
Information on the right to free legal assistance and representation during the appeal procedure, is also conveyed during specific stages. Applicants are informed during the notification of the written decree issued by the Territorial Commission, as provided by Article 10, paragraph 2, of Legislative Decree 25/2008. The "Practical Guide for Asylum Seekers" also includes these details, ensuring applicants are well-informed. Police officials provide this information in written format, including it in the decree notification and the Practical Guide during the making of the application.
Within the framework of the resettlement program, the Department of Public Security, together with the EUAA, provides information upon arrival at the airport. The scope of this activity is to inform the beneficiaries about key aspects such as the necessary procedures to obtain a residence permit for international protection, including its issuance, duration, and renewal; the freedom of movement as a refugee within the Schengen area and on the national territory; limitations on travel and mandatory documents to carry; as well as personal safety and the role of the authorities in case of risks. This information activity is carried out by the EUAA Resettlement Expert, in collaboration with the authority responsible for residence permit issuance.
In the context of humanitarian admissions, an information provision activity occurs during the lodging phase at the Immigration Office in charge of the asylum request. The information leaflet provided focuses on the international protection procedure, the possibility of movement within the Schengen area, and personal safety. Its goal is to raise awareness among applicants about their rights and obligations as refugees, while also preventing potential secondary movements. This activity is carried out by the EUAA Resettlement Expert. During the identification phase, information provision activities are carried out to ensure that applicants understand the nature of the programs they may be eligible for. Specifically, applicants are informed about both Resettlement and Humanitarian Admission programs. The United Nations High Commissioner for Refugees (UNHCR) is responsible for providing this information in the context of resettlement programs, while partner organizations play a similar role for humanitarian admission programs.
In the selection phase, applicants receive detailed information about what to expect if they are chosen for resettlement or humanitarian admission. This includes a clear explanation of the steps involved in the selection procedure. UNHCR leads these information provision efforts for resettlement programs, while partner organizations are responsible for providing similar guidance in the context of humanitarian admission programs. Before departure, applicants receive information about their rights and obligations as resettled or admitted persons in the European Union. This includes details about their expected life and reception conditions in Italy. Information during this stage is typically provided by the Resettlement Unit or the International Organization for Migration (IOM) for resettlement programs, while partner organizations deliver this information for humanitarian admission programs.
During the travel phase, applicants are given information about the specific modalities of their journey. This includes details about travel arrangements, required documentation, and any procedures they need to follow while in transit. For resettlement programs, this information is provided by the Resettlement Unit or IOM, while partner organizations handle it for humanitarian admission programs.
Once applicants arrive in Italy, they are provided with essential information about their rights and obligations within the reception system. This includes details required by Articles 5 of Directive 2013/33/EU and Article 12 of Directive 2013/32/EU, ensuring that beneficiaries are fully aware of their entitlements and responsibilities. Information during this phase is typically provided by reception projects and partner organizations. An orientation program is an integral part of the resettlement process. It is offered to individuals who are selected for resettlement after the selection phase and before their departure. The program aims to prepare beneficiaries for their new lives in Italy by covering several key areas, including their rights and obligations as resettled individuals and information about Italy’s social, cultural and political environment.
The orientation program is conducted by the Resettlement Unit and IOM.
Pursuant to Article 10 of Legislative Decree no. 25/2008, applicants for international protection receive an informational booklet prepared by the National Asylum Commission in collaboration with the UNHCR. This booklet provides comprehensive details on the procedure for obtaining international protection and covers a wide range of topics, including the rights and obligations associated with their protection status.
The booklet includes information on access to the labour market, civil registry, education, social and healthcare services, among others.
Beneficiaries are informed that, with the documents issued, they can travel and stay in one of the 26 Schengen states for up to three months. However, they are not permitted to engage in regular employment or establish permanent residence in those states.
Additionally, under the National Plan for the Integration of Beneficiaries of International Protection 2022–2024, adopted by the Ministry of the Interior, specific measures are in place to enhance the dissemination of information and promote integration. Such initiatives include enhancing information dissemination about the rights and obligations of beneficiaries and the use of information technology to create a dedicated portal and multilingual multimedia applications to guide beneficiaries through the reception and integration process. Finally, the National plan is aimed at establishing information or orientation desks in municipalities with significant numbers of beneficiaries to provide support.
Applicants are provided with information about their rights, obligations, and reception conditions upon arrival at the reception centre. This is often during the registration process and at various stages of their stay. The information is provided within reception centres. It can be delivered in both individual and group settings, by Prefectures, reception centres personnel and international organization and NGOs. The information typically covers:
- Legal status, documentation, residence permits, and procedures.
- Reception conditions: Accommodation, healthcare, education, and employment opportunities.
- Integration opportunities: Language courses, vocational training, and cultural orientation programs.
- Support for vulnerable individuals.
The material is developed by The National Asylum Commission in collaboration with UNHCR. Information is provided in multiple languages and formats (videos, booklets and leaflets, oral provision through interpreters and case workers) Targeted material is developed for unaccompanied minors through age-appropriate information on rights, education, and guardianship. Additional material is available for survivors of trafficking or violence, consisting of tailored information on specialised support services and protection mechanisms.
Finally, adapted resources for persons with disabilities, elderly applicants, or those with medical conditions are provided when needed.
According to Article 13 of the Legislative Decree 286/1998, the detention order provides third-country nationals with information about the reasons for their detention and the procedures for challenging the detention decision. The detention order is communicated in written form to the individual in their mother tongue or in a language they are reasonably expected to understand. This information is delivered by the police personnel responsible for issuing the notification before the detention begins.
Once the individual is in detention, additional information is provided on international protection and rules of the detention facility.
The managing body of the detention center ensures that detainees are informed about their right to apply for international protection. A leaflet is provided that explains the procedures to be followed, their rights and obligations during the proceedings, the timeline, and the necessary elements to include in their application. Upon the start of detention, the managing body of the detention center provides information about the rules of the facility, including the detainee’s rights and obligations. This is also delivered through a leaflet in written form.