A number of EU member states that were adamantly opposed to changing asylum rules appear to be relaxing their stance following the landmark judgement handed down by the European Court of Human Rights last week.

The Court declared that forcing asylum seekers to return to their first point of entry into the EU, as the rules lay down, was inhumane. The ruling was given in a case involving an Afghan asylum seeker apprehended in Belgium and sent back to Greece.

As a result, Germany, Sweden, the UK, Finland and Denmark – which were among the countries objecting to a proposal to change the rules if a receiving country is unable to cope with an influx of immigrants – have announced they would be looking into suspending the return of asylum seekers to Greece.

Under the rules, known as Dublin II, an asylum seeker who first enters the EU through Malta and is then caught in Italy would have to be transferred back to Malta for his asylum application to be processed there.

Malta has been pushing for changes to this system arguing it puts countries on the EU’s border at a disadvantage. Following intense pressure, two and a half years ago the Commission proposed amendments that would allow the rules to be suspended if member state were facing an illegal immigration crisis.

However, despite the backing of the European Parliament, the proposals were held up at the Council due to objections from Germany, the UK and other northern states. The mood now seems to be changing.

European Home Affairs Commissioner Cecilia Malmstrom said the judgment justified the need to have a common asylum regime by 2012 and to agree on its proposed revision of the rules.

A Commission official said the argument of member states like Germany, France and the Netherlands had always been that “the system has worked well until now”.

“It is now important the matter is regulated properly by member states rather than leave it to the discretion of courts and their interpretation every time an asylum seeker challenges a decision of a particular member state. It is evident this judgement will force a change,” the official said.

EU Home Affairs Ministers are now expected to discuss the development in their next Council meeting scheduled for mid-February.

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