Visti umanitari e accesso al diritto d’asilo. La tutela dei richiedenti asilo afghani prima e dopo la caduta di Kabul

The situation in Afghanistan after the Taliban have returned to power is extremely critical, carrying thousands of people to the border. EU member states are required to act in response to the humanitarian crisis, as the emergency evacuation carried out in August cannot be the only initiative being undertaken by governments. The article will analyze the legal instruments used to authorize entries of Afghan nationals into Europe and Italy, focusing especially on potentialities and critical issues related to humanitarian visas and humanitarian admission programs, within the current framework of migration policies at the national and supranational level. The study will then focus on a different aspect, also influenced by state discretion: the evaluation of asylum applications submitted by Afghan migrants in recent years in Europe. The authors will highlight the main reasons for diversity among Member States, mainly when assessing the level of indiscriminate violence in the country for the recognition of subsidiary protection, and they will examine the case law on the extension of national courts’ review procedures in cases of appeal against transfers decided by the Dublin Unit, to offer a perspective on the degree of effectiveness of protection granted to Afghan nationals across Europe.