In 2019 the complainant was granted an Italian residence permit in the form of ‘Casi Speciali’ valid until summer 2021 and not renewable after expiration. He subsequently applied for international protection in Denmark, where the Immigration Service noted the residence permit in Italy and requested the Italian authorities to take back the complainant. On 15 November 2022, the Italian authorities agreed to receive the complainant. The complainant challenged the transfer and argued that, if sent back to Italy, he will be without a residence permit and at risk of being sent to his home country. It was also argued that if he would submit another application in Italy, he will be left homeless, as according to AIDA Country Report: Italy, it is difficult for Dublin transferee to regain access to the asylum process and many lose their right to accommodation.

The Refugee Appeals Board held that the case must be referred back to the Danish Immigration Service for an examination of the impact of the state of emergency introduced in Italy on 11 April 2023 for a duration of six months. The Board held that it is also necessary to examine whether there is a difference in accommodation options depending on the stage in which the Dublin transferee is at and whether a position has been taken in Italy in the applicant’s asylum case.

It was noted that the Italian authorities have indicated in circular letters of 5 and 7 December 2022 that Italy temporarily suspended all incoming transfers under the Dublin III Regulation due to the pressure on the country’s borders and insufficient reception facilities. In addition, the Board noted that by e-mail dated 2 January 2023, the Italian authorities stated that they still do not allow Dublin transfers and that therefore all planned transfers must be considered as cancelled.