An Italian court on Friday ruled against the detention of asylum seekers sent from Italy to Albania for processing, stating that the refugees’ home countries are not considered safe enough for a possible return.

The decision follows the transfer of 12 migrants from Italy to Albania on Wednesday, part of a bilateral deal between the countries that aims to transfer 3,000 migrants per month intercepted by the Italian coast guard.

According to the court, its refusal to treat the detention centers in Albania like Italian border or transit zones is due to the impossibility of recognizing the detained persons’ countries of origin, namely Bangladesh and Egypt, as “safe countries.”

In a post on X, Italian Prime Minister Giorgia Meloni responded to the ruling saying that she will nonetheless fulfill her promise of stopping illegal immigration.

On Thursday, European Commission President Ursula von der Leyen used the Italy-Albania Protocol as a model for how migration hubs might function in practice. She emphasized the need to further explore options for creating similar return hubs outside the European Union, especially in light of forthcoming legislative proposals on migration returns.

Earlier this year, Human Rights Watch (HRW) strongly condemned Italy’s agreement to transfer asylum seekers to Albania, calling the deal a “model of mismanagement” and a “blueprint for abuse.” According to HRW, the deal would do little to deter people from taking boats across the Mediterranean.

In February 2024, Italy finalized the five-year deal with Albania allowing for the transfer of up to 36,000 asylum seekers each year. Under the agreement, the Italian Coast Guard and Navy will transport individuals rescued at sea outside of European Union waters to Albania, where their asylum claims will be processed. Those granted asylum will eventually be allowed to enter Italy, while those who are denied may face deportation to their country of origin

The agreement primarily targets asylum seekers, excluding children and vulnerable individuals rescued at sea, specifically from countries deemed “safe” by the Italian government. According to the International Rescue Committee, although the Italian government has stated that children, pregnant women, and other vulnerable people will not be sent to Albania, there are currently no formal mechanisms in place to guarantee the identification and protection of these groups.