Migrant-transfer rules to be tested at European Court
Case ‘may unblock’ Dublin rules stalemate
An asylum appeals case in Ireland that has been referred to Europe’s highest court, to test the legality of transferring asylum seekers between member states, may force the EU’s hand in changing its controversial rules.
In a ruling that may have far-reaching consequences, Ireland’s High Court made a preliminary reference to the European Court of Justice after five asylum seekers contested a decision by the Irish government to send them back to Greece under EU rules.
The asylum seekers from Afghanistan, Iran and Algeria were issued with transfer orders under the Dublin II regulation – an EU law that stipulates an asylum application should be decided in the EU state where the migrant first sets foot.
Although the asylum seekers are not contesting the fact that they entered the EU through Greece, they are alleging their human rights would be infringed if they were returned to Greece as it does not operate a fair or humane asylum system.
EU sources said this week’s unprecedented case could have serious implications for the future implementation of the EU’s Dublin regulations, particularly with countries like Malta that are associated with receiving high numbers of asylum applications.
“It is a fact that the EU does not yet have a common asylum policy, meaning individual member states are adopting their own rules which differ from one another,” the sources said.
“These are now being challenged through this case and if the ECJ upholds the Irish request it will mean asylum seekers could start refusing to abide by the current EU rules, pushing member states to agree to changes.”
Greece was recently harshly criticised on the way it dealt with asylum claims and this was instantly used by the asylum seekers involved in this case.
The critical legal point, expected to be at the centre of the ECJ deliberations, relates to the discretion each member state has to determine whether to send an asylum seeker back under the Dublin II regulation.
The UN High Commissioner for Refugees argues EU states must consider if a person’s rights are breached if they are returned to a state that does not have a functioning asylum system.
However, the Irish government and several other EU states – that are likely to join the ECJ case – argue the discretion not to issue transfer orders should be severely limited.
The Commission has already proposed the Dublin II regulations should change but is facing strong resistance from various member states, particularly northern countries.
The Maltese government believes the Dublin II rules place an unfair burden on Malta and similar southern member states, which due to their geographical proximity to Africa receive more asylum applications than other countries.
Apart from receiving more than 10,000 illegal immigrants since it joined the EU in 2004, with the majority applying for asylum, Malta had to accept another 300 deported from EU member states after they were found to be on EU territory illegally and identified as having first entered the EU through Malta.
Following Malta’s persistent claims for change, the Commission had issued a set of proposals back in December 2008. This included the possibility of suspending the Dublin rules in EU countries such as Malta, which faced a disproportionate burden as a result of their geographic and demographic situation.
In May 2009, the European Parliament gave its consent to these proposals but the amendments are still pending as various EU governments are opposing them claiming they will have a negative effect on their asylum policies. On its part the Commission has been accusing member states of lack of solidarity with member states like Malta, Cyprus and Italy.
“The proposals are currently blocked as not all member states agree with them. The Irish case referred to the ECJ might eventually unblock the situation,” Commission sources told The Times.
Although asylum applicants in Malta are normally hosted in detention or open centres, some still find a way of escaping and continuing their journey to mainland Europe.
Popular Stories
Old buses, drivers to return
Former Judge Ray Pace found dead
Updated: Minister apologises for...
Three new Nationalist MPs elected –...
Where’s Everybody staff is given notice
Updated - Director of Prisons submits...
Update 3 - Woman trapped as car crashes...
Revealed...the face of a Maltese woman...
PL reacts as PN labels Franco Debono's...
In Discussion
Old buses, drivers to return
Updated: Minister apologises for...
PL reacts as PN labels Franco Debono's...
Updated - Director of Prisons submits...
Enemalta seeking minimum five year gas...
Protected birds shot and trapped as...
Mario de Marco, Zammit Dimech concede,...
PN postpones salaries as financial...
Updated - PM's offer to Opposition MPs...
18 Comments
Post comment
Please sign in or create your Account to post comments.
Sean Grima
Aug 6th 2010, 11:18
it is a shame that the plight of these people is used as a political weapon!
Stephen Koludrovic
Aug 6th 2010, 09:06
If they don,t like it in Greece they should go back to their own countries instead.
Rick Vogelesang
Aug 6th 2010, 08:55
They are seeking a better life, but with a demand of the country they want to be in?
If they do not like what they got offered, send them back.
Alexander Morana
Aug 5th 2010, 22:12
Sur J. Spiteri, I know that the present government was unable to achieve something Berlusconi did with Libya. However If you understood my comment, by mentioning Dr. Muscat, I was referring to Joseph Muscat being a Socialist, and leader of a socialist party, henceforth his discretion regarding the issue of illegal immigration, might in hindsight conflict with his fellow Socialist friends, in the EU. After all he himself had just had a meeting with one of the major players which concerns this issue. As so far Dr. Muscat hasn’t officially come out and stated where he and his party stand?
J. Spiteri
Aug 5th 2010, 20:07
@ Alexander Morana. Minghajr ma' rrid bl'ebda moghod niddefendi lil Dr. Joseph Muscat, nistaqsik ghaliex dahhalt lil Dr. Muscat fin-nofs? Tista, jekk joghogbok, tghidilna x'iddiskuta u x'irnexxielu jakkwista l-gvern prezenti min ghand il-Kurunell Gaddahfi fir-rigward ta' din il-problema ???
J. Spiteri
Aug 5th 2010, 17:03
Would anyone tell us why these five individuals are seeking asylum in Europe? Afghanistan, Iran and Algeria are not countries that are experiencing any particular hardship. These 'asylum seekers' and others who are facing a similar situation should not be transfered to the EU state where they first set foot , but should be forced to return to their homeland, since their only scope of coming to Europe was to start a better life.
Alexander Morana
Aug 5th 2010, 16:00
Mr. Mark Galea is right. For now as long as Berlusconi and his Lega Nord stay in power, his agreement with Libya still holds. In case there is a change of government in Italy what might happen to this agreement? The Italian Left was always in favour of bringing these so called refugees to show their International Socialists' solidarity.
As a matter of fact Berlusconi once accused the PDL that they wanted to fill Italy with immigrants who might then vote for the Left!
I wonder what Dr. Joseph Muscat will do and did he discuss such a thing with Colonel Gaddahfi during his recent visit to that country?
Furthermore, these court rulings shows that the economic situation in the EU is dire and nobody knows what to do with this surplus labour? Questioning one’s status in the country is a way of reducing that country’s unemployment lines, case in point Spain and Ireland.
Tommy Lee
Aug 5th 2010, 15:52
These agencies are purely make-up for the voters who are forever being conned.
The former Labour government in the UK were found to have purposely flooded the country with third world immigration to suit their own political agenda.
http://www.telegraph.co.uk/news/uknews/law-and-order/6418456/Labour-wanted-mass-immigration-to-make-UK-more-multicultural-says-former-adviser.html
And the same marxist thinkers are running the EU.
lgalea
Aug 5th 2010, 11:02
http://euobserver.com/ headline news
EU to open first regional border control agency
Today @ 09:26 CET
The EU border agency Frontex will open its first regional office in the port of Piraeus, Greece aimed at stemming the flow of immigrants to Europe, Greece's interior ministry has informed. The office will open 1 October with 13 employees to monitor the borders of Malta, Italy, Greece and Cyprus.
Thank God we did not lump the agency and have to keep the illegal immigrants here.
Louise Vella
Aug 5th 2010, 10:28
The EU should re-think its asylum policy. The Refugee Convention goes back to 1951 and was intended to deal with refugee flows in Europe. It cannot be extended to the whole world as it is. Many millions of Africans and Asians try to move to Europe to improve their economic conditions. Asylum is only an excuse, as witnessed by the numerous cases of false documents and false testimonies presented by asylum seekers.
The EU should defend its member states by restricting access by non-Europeans to EU states. This is a time of economic crisis and unemployment all over the EU. The EU should take this opportunity to tell non-Europeans: “Europe is full up.”
lgalea
Aug 5th 2010, 11:02
The only thing that should be done os not to accept a single illegal immigrant and send them all back top their own countries. Tat is the only way to stop the invasion of Europe and Malta and stop depriving the illegal immigrants nations from their manpower.
Go to http://www.cnimalta.org/ and download the petition (last link on the right) or direct to http://www.cnimalta.org/Petizzjoni%20Popolari.pdf
sign it, get your families and friends to sign it and send it to the address on the webpage. This is what the petition says.
Petizzjoni Popolari kontra l-immigrazzjoni illegali
Popular Petition against illegal immigration
Aħna ċ-ċittadini Maltin nappellew lill-Parlament Malti jieħu azzjoni konkreta mingħajr aktar dewmien ħalli titwaqqaf l-immigrazzjoni illegali f’pajjiżna.
We Maltese citizens appeal to the Maltese Parliament to take concrete action without any further delay to stop illegal immigration in our country.
Karta ta’ identita’ Firma
Identity Card Number Signature
Protect Malta, your country, yourselves and your families against the illegal immigrants invasion.
Kenneth Cassar
Aug 5th 2010, 12:27
@ lgalea:
"The only thing that should be done os not to accept a single illegal immigrant and send them all back top their own countries".
Dream on.
lgalea
Aug 5th 2010, 14:21
Kenneth Cassar if not what will happen if the people lose their patience and who will be responsible for ignoring the Maltese citizens as the true only legal and lawful residents of Malta?
Mark Galea
Aug 5th 2010, 15:02
@lGalea
xi tridu jigri meta l-poplu jitlef il-pacenzja? Jitla l-PL. U mbaghad? Il-PL parti mis-Socialist International - int taf sewwa hux, sur lGalea. Taf x'ifissru hux is-Socialist International? Qatt ma smajnik titkellem dwar hekk ...
lgalea
Aug 5th 2010, 16:48
Mark Galea Sur Galea, taf x'naf? Li s-Socialisti ta' l-Ewropa dejjem riedu li Malta ssir membru ta' l-ue imma ma kienux is-Soċjalisti Maltin li daħħluha imma l-PN. Is-Soċjalisti Maltin qatt ma riedu li Malta ssir kolonja ta' l-ue wara dik it-tbatija kollha biex ħadna l-Indipendenza u l-Ħelsien u wrew dan meta ma aċċettawx dak li kienu jgħidu s-Soċjalisti Ewropew.
lgalea
Aug 5th 2010, 16:52
Mark Galea p.s by the way, the Socialist International helped Malta when the MLP was fighting for our Independence. Do you remember the Socialist International members who were shot at at Wied Iż-Żurrieq during their fact-finding mission in the 1960's dark ages?
Mark Galea
Aug 6th 2010, 09:02
@lGalea
jien ma nistax nifhem mela ... jekk veru s-socjalisti Maltin kontra l-EU, kif l-ewwel tnejn ghall-kariga tal-kap tal-partit socjalista kellkom ikunu favur l-ewropa? Kif waqt meetings li saru ricentement membri tal-partit socjalista kienu fil-folla jigbru l-bandieri tat-torca u jqassmu dawk tal-EU. Ma nafx u ma nistax nifhem.
Sean Grima
Aug 6th 2010, 11:17
it was a PN government which obtained independence, with the labour party opposing it...but then again, that is normal for labour!
Please choose the reason of your report below: