Luxembourg Minister of Immigration and Asylum Jean Asselborn has responded to recent concerns over Dublin transfers of asylum seekers to Italy, reiterating that the decisions comply with European law.

The Luxembourg Minister has emphasised that the transfer decisions in question are based on European legislation which complies with the highest standards of respect for fundamental and human rights. He added that these Dublin transfers do not target recognised refugees, but applicants of international protection and people who have lost their applications and are therefore residing illegally. In this European context, according to Asselborn, it is not up to Luxembourg to unilaterally suspend the application of a European regulation, at the risk of triggering secondary movements of applicants for international protection, or even rejected persons.

Asselborn similarly stated that the situation in Italy is not comparable to that in Greece, since the suspension of transfers to Greece is a joint European decision based on the case law of the European Court of Justice and the European Court of Human Rights. Such a decision does not exist in the context of Italy.

Nevertheless, the Minister does not operate systematic transfers to Italy or even to other Member States. A case-by-case analysis remains the watchword of the practice in this area. While Luxembourg has transferred 116 people to Italy since May 2017, it has decided, notably for humanitarian reasons, to declare itself responsible for the analysis of the applications for international protection of 41 people who should have been transferred to Italy. 

It should be recalled that all ministerial decisions on Dublin transfers are subject to judicial review in Luxembourg, a country that strongly supports European solidarity, according to Minister Asselborn. Thus, in the framework of the European relocation mechanism, Luxembourg welcomed 249 people who clearly needed international protection from Italy (out of an obligation of 248 people).