The applicants, 12 nationals of Egypt and Bangladesh, were part of the first group sent to Albania under the Protocol between the Italian Republic and the Albanian government, made enforceable by Law No 14 of 21 February 2024. The Tribunal of Rome did not uphold their detention orders issued by the Rome Police Headquarters.

The Tribunal noted that Article 4(3) of the Protocol allows migrants to enter Albania solely for border or return procedures under Italian and EU law, thus making Article 23-bis of Legislative Decree No 25/2008 applicable, which includes conditions for accelerated border procedures. It found that in the present cases, the situation referred to in point (b-bis)—applications for international protection made directly at the border or in transit zones by applicants from countries designated as safe under Article 2-bis—was the basis for the ordered detentions.

The Tribunal considered the CJEU judgment in CV v Ministerstvo vnitra České republiky, Odbor azylové a migrační politiky (C-406/22, 4 October 2024), which affirmed that Article 37 of the recast Asylum Procedures Directive (recast APD) must be interpreted as precluding a third country from being designated as a safe country of origin when certain parts of its territory do not meet the substantive conditions for such designation set out in Annex I to that directive. It emphasized that the CJEU clarified that Article 37 of the recast APD does not allow for the designation of third countries as safe countries of origin with exceptions for specific areas, as this would improperly expand the examination regime and contradict the directive's intent.

In light of this, the Tribunal ruled that the countries of origin of the applicants were defined as safe countries, based on the Fact Sheet-Country of Inquiry from the Ministry of Foreign Affairs and International Cooperation and relevant COI, but with exceptions for certain categories of persons. Specifically, for Egypt: political opponents, dissidents, human rights defenders, or those at risk of persecution. Additionally, for Bangladesh: individuals belonging to the LGBTIQ+ community, victims of gender-based violence (including female genital mutilation), ethnic and religious minorities, those accused of political crimes, sentenced to death, or climate-displaced persons.

The Tribunal took into account the principles affirmed by the CJEU, including the court's duty to identify any breaches of the substantive conditions for classification as a safe country set out in Annex I of the recast APD. Thus, it held that the two countries could not be recognized as safe and that, consequently, there were no requirements for the accelerated border procedure referred to in Article 28-bis(2)(b-bis) of Legislative Decree No 25/2008 to be applied.

The Tribunal found that the absence of the condition to apply the aforementioned procedure prevented lawful detention, and it therefore excluded the possibility of validating the detention. The Tribunal determined that the absence of necessary preconditions for the border procedure indicated that the applicant lacked a residence permit in the designated Albanian facilities. Under the Protocol, specifically Articles 4(3) and 6(5), if a residence permit ceases, migrants must be transferred out of Albania, and Italian authorities must prevent unauthorized exits during administrative procedures. As a result, the Tribunal determined that in cases of non-validation of detention, applicants can only reacquire their status through the Italian authorities outside Albanian territory, thereby affirming their right to regain personal freedom by returning to Italy.