Automating Refugee Status Determination process : Il diritto d’asilo a confronto con l’intelligenza artificiale

The article examines the automation of the Refugee Status Determination Process (RSDP) in the European Union as a paradigmatic field where the tension between law, technology, and human rights becomes most evident. Drawing on recent EU reforms, including the 2024 Migration and Asylum Pact and the AI Act, it analyses how digital infrastructures, predictive models, and algorithmic decision-making challenge the principles of individual assessment, transparency, and proportionality. By combining legal, theoretical, and empirical perspectives, the paper explores the ontological transformation of asylum law from interpretative judgment to computational output, questioning the implications for discretion, accountability, and the recognition of human dignity. It concludes by outlining the need for a “post-algorithmic” asylum law that reaffirms human oversight, epistemic literacy, and the ethical centrality of the applicant’s narrative.