February 18th
was the tenth anniversary of the Dublin II Convention, that is, the EU
regulation which identified which state is responsible for determining asylum.
It allows a state to return a refugee applicant to another EU country with
which they have a connection, no matter how tenuous and regardless of their
reason for applying for asylum in Ireland.
A European Comparative Report has been
published entitled, ‘Dublin II Regulation; Lives on Hold’. It is described as a
response to significant developments in the area within which the Dublin
Convention applies; in 2011, seminal judgments from both the European Court of
Human Rights and the Court of Justice of the EU changed the legal framework
within this landscape. EU institutions have also recently reached a political
agreement on a redraft Dublin ‘III’ Regulation, which maintains the underlying
principles of the Dublin system, whilst introducing substantive reforms to the
Dublin system, aiming to increase efficiency whilst respecting the fundamental
rights of those subject to it. This was a necessary report; comprehensive
information on the technical application of the Dublin II Regulation in a large
number of Member States has not been gathered since 2006 – very alarming in
consideration of the fact that this is a constantly developing area of law.
The Report
questions the reasoning behind the Dublin regulations, a system perceived as
frequently failing to achieve its objective of identifying a Member State
responsible for the examination of an asylum claim. It finds that a harmonised
application of the Dublin Regulation is not realistic; there are vast
disparities between the methods of application of the binding criteria within
Member States. Asylum seekers under the procedure are often subject to less
than adequate reception conditions in Member States frequently resorting to the
use of detention to secure Dublin transfers. Cooperation between member States
is inconsistent, leading to lengthy delays in identifying a responsible Member
State, or even no Member State, leading to a situation of ‘asylum seekers in
orbit’. Readmission agreements are sometimes implemented by Member States in a
manner that results in evading obligations under the Dublin Regulation and
under international human rights law, most notably the fundamental right to
asylum.
Improvements in
the application of the Dublin Regulation alone will not suffice; as long as
there is an ‘asylum lottery’ in Europe, the system will continue to create hardship
for asylum seekers. The report calls for a harmonised application of EU
protection standards, which meet international and regional protection
obligations. The Report asserts that the solution ultimately lies in replacing
the Dublin Regulation with an alternative system that ensures genuine responsibility
sharing and takes into account meaningful connections between asylum seekers
and Member States.
For access to
the report:
Brophy Solicitors
20.02.13
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