Rules on transfer of migrants challenged in EU court
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.
More stories from The Times in the News section.
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Sean Grima
Aug 6th 2010, 11:20
nobody has yet come up with an argument denying that migrants are entitled to seek asylum, even if they arrive without a visa. all arguments are 'economic' ones, which, in terms of law are irrelevant.
John F. GALEA - San Gwann
Aug 5th 2010, 17:19
Margaret RICHARDS . It is much better for you not to open the blogs at all as you are totally missing the salient points of the arguments. Comments being submitted are on economic migrants who come to Malta seeking employment on this tiny island to the detriment of those on the unemployment register.
The majority of these outsiders, who come in illegally or over stay with an expired visa, are blatantly abusing the laws of our country at the expense of the hard working Maltese who are struggling to make both ends meet. It is reiterated that no work or residence permits be issued to these outsiders especially to the non EUs and stringent law enforcement should be exercised by the ETC .
No mention or reference was every made by anybody on the well to do who come to retire on our islands. They are all most welcome.
You are completely mixing the issues.
A. Hili
Aug 5th 2010, 17:14
U.S.A , U.K , France etc. are doing their best to make Iraq and Afganisthan democratic. Why are these powers not interested in creating democracies in African lawless countries?
Joseph Calleja
Aug 5th 2010, 15:30
There is one solution to all this, all EU states should be allowed to send illegal immigrants to where they came from and I don't mean the last country they came from. I mean send them back to AFRICA where they originated from. If we are so interested and want to help these people, why not invest in Africa and educate these people in their own country. Feed the man fish and he will live for a day, teach the man to fish and he will feed himself for a lifetime. These people need leadership and help in their own country instead of letting them come to Europe and encourage them to destroy the way of life of other countries. Look at the turmoil they have caused in all of Europe.
Robert Callus
Aug 5th 2010, 16:59
What you are saying would have been the ideal. Unfortunately, every year a group representing either 8 or 20 countries (G8/G20) meet to make sure that what you are proposing for Africa (and other poor countries/regions in the world) does not happen.
Powerful people assisted by governments that send police officers dressed as pro human rights/ workers activists to initiate violence and eventually silence pro-human and workers rights activists and environmentalists.
MARGARET RICHARDS
Aug 5th 2010, 15:11
I try as much as possible not to read the blogs, as i am aware of what i'm going to find!!! But i would like to say that to say quote: "we had enough - foreigners from where ever they come are not to be be issued with residence as well as a work permit." shows ignorance at its best. What do you want? A pure Maltese race, with Maltese gem gem freaks??? Illegal immigration apart, don't you know we are so small that we depend on foreigners and foreign trade? What about those well off foreigners, who come to Malta, to retire, buy a home, pay their bills etc??? Are these also unwelcome??? I never stop being amazed at the sheer ignorance which reigns unhindered in our country!!!
Joseph Farrugia
Aug 5th 2010, 15:36
And you are one of us!!!
Joe Bugelli
Aug 5th 2010, 15:53
MARGARET RICHARDS do you know that Malta is the most overpopulated, over-urbanized place in Europe and in nearly all the world? So do you expect us to continue welcoming everyone whether he comes here legally and worse still illegally? Where are we going to get a breathing space Margaret? Where are our workers going to find work in our own country? Have you any brains at all to think about these problems which even a small child can understand?
Tony Zammit
Aug 5th 2010, 16:00
Mrs RICHARDS, you weren't referring to these were you?
http://www.timesofmalta.com/articles/view/20100805/local/shoplifters-return-stolen-goods
http://www.timesofmalta.com/articles/view/20100804/local/casino-clients-jailed-for-using-false-credit-cards
Denis Catania
Aug 5th 2010, 15:06
The group Save Malta From Illegal Immigration has said in the past that Malta should not accept non Maltese deportees from other member states. Just two months the group protested this in front of Sweden's mission to the United Nations to stop the deportation of 500 non Maltese illegals from Sweden to Malta. As there is no punishment if Malta refuses non Maltese deportees.
Muscat D
Aug 5th 2010, 14:25
"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--"
Translation- We're not getting enough welfare benefits from Greece.
M Pace
Aug 5th 2010, 13:06
Yestereday there was a good documentary on Rai 1 regarding illegal immigrants and proved that most of them are ecconomic immigrants and not refugees. I Europe wants to deter illegal imigrants from countries Such as Senengal where it trived from its fishing industry it should block those big fishing trawlers from taking their lively hood. Unless they do so such people should take them on and employ them. Europe should help them by investing in these people I am sure they would prefer to be with their family and earn a decent living without going into the unknow and being abused.
Stephen Koludrovic
Aug 5th 2010, 11:31
This ruling could open up a can of worms, which I doubt that the countries with a better welfare state will be able accept, or to afford, the demands that these immigrants seem to expect.
lgalea
Aug 5th 2010, 10:48
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.
lgalea
Aug 5th 2010, 10:43
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.
Charles Sammut
Aug 5th 2010, 10:29
If the Dublin II regulation gets amended to allow illegal immigrants to 'seek asylum' in any EU country, it will give rise to 'asylum shopping' with different nationalities of immigrants being attracted to particular EU countries where their claims are most likely to be accepted.
On the flip side, it will benefit countries like Greece, Spain, Malta and Italy to maintain as stringent as possible the parameters for granting refugee status. This would in effect clear illegal immigrants from their territories and push them into the more accomodating northern countries.
So it is a lose lose situation and the only country to have effectively solved the problem remains Italy thanks to Berlusconi and Maroni.
What is needed is not an amendment to the Dublin II but a radical overhaul of the asylum system that is being blatantly abused by immigrants and NGOs alike to the detriment of the rest of us and society in general.
Stephen Farrugia
Aug 5th 2010, 11:10
Exactly right. This man should be running our government and not writing on the Times. Why cannot we have leaders like him?
At least we have capable men with the proper ideas but the people have to do their part, to place the right men/women in parliament. If not, you get what you deserve.
Robert Callus
Aug 5th 2010, 12:36
You are wrong. If Dublin II is revoked, only legal immigrants will be able to move to other countries, not people who were denied protection.
John F. GALEA - San Gwann
Aug 5th 2010, 10:05
It is high time that the EU start thinking favourably on behalf of its citizens and stop the legal and illegal influx of non EUs. Small islands like Malta should be safeguarded from the current silent foreign invasion which is suffocating the already overpopulated islands.
On the other hand our Parliamentarians and those in authority, who are there to safegauard the interest of the Maltese, should stop playing about with words and declare we had enough - foreigners from where ever they come are not to be be issued with residence as well as a work permit.
Illegal emigrants are not to be allowed to have a say in our country, they entered illegally and should be immediately sent back to where they came from. Every where you see foreign works in all callings, as if our unemployed are not capable in taking up said jobs. Please put a stop to this infectious malaise.
Stop issuing work permits especially to non EUs. Exercise strict enforcement on work laws and regulations; stop turning a blind eye to all the blatant and rampant abuses by said foreigners. Those in authority are there to exercise controls in the best interests of the Maltese.
Louise Vella
Aug 5th 2010, 09:14
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.”