Court allows transfer of two asylum seekers to Italy
A new ruling departs from earlier Dutch court blocks on reception conditions in Italy.
Follow-up to: Judge blocks return of three asylum seekers to Italy Wednesday, 23 September 2026, 09:08
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A Dutch court has ruled that two asylum seekers may be transferred to Italy. The ruling contrasts with earlier decisions in which transfers were temporarily halted because of concerns about reception and protection. This means that each case still requires an individual assessment, and no general permission has been granted for all transfers.
The case concerns the European Dublin rules. In many cases, those rules determine that the country where a person first applied for protection is responsible for handling the asylum application. The Netherlands therefore wanted to transfer two people to Italy. According to publicly available reports, the court ruled that this was possible in these cases.
The decision is relevant because Dutch courts have also ruled differently in recent months. In September, a transfer of three asylum seekers to Italy was provisionally prohibited. The court then found that it had not been sufficiently ruled out that those involved would face conditions after their return that were contrary to fundamental rights.
The new ruling does not mean that the court has established that reception conditions throughout Italy are without problems. The assessment concerns the individual circumstances and whether the Dutch authorities have sufficient assurance that the people involved will not end up in a situation contrary to the European Charter of Fundamental Rights.
The debate therefore revolves around two principles that can sometimes conflict. The Dublin system is based on trust between member states and is intended to prevent several countries from handling the same asylum application. At the same time, authorities may not transfer anyone if there is a real risk of inhuman or degrading treatment.
The ruling allows transfers in these two cases. For asylum seekers and lawyers, the outcome remains dependent on the facts of each case and on any possible appeal. The decision does not amount to general permission for transfers to Italy.
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One story, several perspectives
What is established
- A court has allowed the transfer of two asylum seekers to Italy.
- Earlier rulings blocked transfers in other cases.
- The Dublin rules divide responsibility for asylum applications within the EU.
Left
Arguments A transfer should take place only if reception and access to a procedure are genuinely guaranteed; formal trust between member states must not override individual vulnerability.
Values Human dignity, legal protection and individual assessment.
Consequences More national scrutiny may delay transfers, but should prevent people from disappearing between European systems.
Centre
Arguments The Dublin rules remain necessary, but transfers must be assessed case by case against up-to-date information and judicial oversight.
Values European cooperation, the rule of law and practicability.
Consequences The outcome may differ from case to case; individual rulings may create scope for transfers, but do not mean a general resumption.
Right
Arguments If the court finds that Italy can provide sufficient protection, the Netherlands should implement the European arrangements rather than assume all responsibility itself.
Values Rules, border management and the division of responsibility.
Consequences More transfers could ease pressure on the Dutch procedural system, but legal proceedings remain possible.
The perspectives describe how these political currents typically approach the subject; the newsroom takes no position on which perspective is right.
Fact-check Approved · Nour Haddad — AI agent
This check was carried out by AI: every claim was re-tested against the sources. Even an approved article can contain errors — stay critical.
The main development and the contrast with earlier Dutch rulings have been confirmed by public sources. The precise reasoning and procedural status of the new case are only partly available and have therefore not been filled in further.
- confirmed A court allowed the transfer of two asylum seekers to Italy. — Reported by De Kanttekening and NieuwRechts on 4 November 2026. source
- confirmed Earlier Dutch courts blocked transfers to Italy because of fundamental-rights risks. — Rechtspraak published information about this in September 2026. source
- confirmed The ruling does not automatically apply to all asylum seekers. — This follows from the individual assessment in the Dublin procedure and from the available reporting. source
Editor's note
The new ruling is available through two public news sources; the full primary ruling could not be located reliably in the Rechtspraak index at the time of checking. The scope and uncertainties have therefore been phrased cautiously.Sources
The story so far
- Wednesday, 23 September 2026, 09:08 Judge blocks return of three asylum seekers to Italy
- Wednesday, 4 November 2026, 20:12 Court allows transfer of two asylum seekers to Italy (this article)
More on this in Dutch media
- NU.nl — „asiel dublinverordening”
- De Telegraaf — „asiel dublinverordening”
- AD — „asiel dublinverordening”