After a break of almost four years, Switzerland is resuming the transfer of asylum-seekers arriving from Italy. In December 2022, shortly after Prime Minister Giorgia Meloni took office, Italy suspended all readmissions of asylum-seekers, thereby breaching the Dublin Regulation on asylum. Transfers are set to begin by the end of August 2026, marking a significant shift in how asylum cases between these countries are handled.
What changed
Italy is now willing to accept readmissions following the new European Pact on Migration and Asylum, which came into force on June 12 and provides financial support and other relief for Italy and other countries of first arrival for asylum-seekers. Rome intends to readmit only those asylum-seekers who arrived after June 12, i.e. after the pact came into force.
Under the Dublin Regulation, Switzerland can transfer asylum seekers back to Italy for processing if Italy was their first point of entry into the EU/Schengen area. Although Switzerland is not a member of the European Union, it is part of the region’s Schengen open borders agreement and a signatory of the Dublin Regulations.
Why it matters
If you represent a client who is in Switzerland and entered Europe through Italy, this resumption affects Dublin responsibility and case strategy. According to the Swiss State Secretariat for Migration, Italy initially refused to accept 3,794 alleged asylum seekers from Switzerland following the suspension, so Switzerland was obligated to grant asylum procedures to the migrants, with almost 40 percent having received such benefits and about 1,300 whose procedures are underway. Switzerland could now return 632 people to Italy.
The resumption is tied to financial incentives under the new EU pact, which compensates first-arrival countries for accepting Dublin returns. This may affect processing timelines and the likelihood that Italy will actually accept transfers it had previously blocked.
Way forward
- Review pending cases: If you have clients in Switzerland whose asylum claims are based on Italy entry, reassess whether Italy will now accept a Dublin return and adjust your strategy accordingly.
- Verify Italy’s acceptance criteria: Confirm whether your client’s entry date falls within the scope Italy will accept (i.e., post-June 12, 2026 arrivals).
- Monitor implementation: Transfers are resuming gradually. Follow up with Swiss authorities on whether specific cases will be transferred and on what timeline.
- Prepare Dublin responses: If representing a client facing a Dublin return to Italy, document any vulnerabilities, access to adequate reception, and procedural safeguards to challenge the transfer if necessary.
Disclaimer
This article is provided for informational purposes only and is not legal advice. Fola Editorial is a software company, not a law firm. Please consult a licensed immigration attorney in Switzerland, Italy, or your relevant jurisdiction to understand how this policy change applies to your specific circumstances. Immigration policy can change without notice—verify all information against the primary source linked above before relying on it in legal proceedings or client communications.