The National Referral Mechanism: best practices to the victims of human trafficking late emergence and identification during the international protection process The Decree 13.12.2021 issued by the Court of Milan concerning ex. Art. 35 of Decree Law No. 25/08

Victims of trafficking in human beings and refugees are among the most vulnerable people, having their human rights severely violated. Despite belonging to two different groups, these two categories have become more and more blurred and interconnected. In fact, it is not uncommon that victims of trafficking in human beings can be eligible to the refugee status and have access to the related protection. Therefore, it is crucial for victims to be effectively identified and referred to the relevant agencies, in order to benefit as early as possible from the assistance and protection they are entitled to. The existence of a national referral mechanism coordinating the various bodies has proved to be very relevant in this context. Considering this, the aim of this research is to look into the its impact for the identification of victims of trafficking in human beings in the international protection process and their subsequent entitlement to the refugee status, by considering the Decree 13.12.2021 issued by the Court of Milan concerning ex Article 35 and following of Legislative Decree No. 25/2008. To do so, an analysis on the application of the international and national legislation and norms will be provided, followed by a comparison and a contrast with relevant recent judgments and decrees. Concerning methodology, a wide range of primary and secondary sources as well as the main literature will be considered. A multi-level approach will be used, by reviewing the international, regional and local instruments, before focusing on the Italian legislation and norms. Through a wide use of reports, statements from different bodies, but also case law and sentences, a comprehensive analysis of state practice with respect to the institution and implementation of a referral mechanism at the national level will be possible. On the one hand, the conducted research will show the relevance of this instrument for the identification of victims, on the other hand, it will show its absence in the Italian context. Finally, recommendations will be provided for its enhancement and implementation.