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Dublin Regulations and the escalation of the migration crisis (28 January 2016)

Date: 28/01/2016
Duncan Lewis, Public Law Solicitors, Dublin Regulations and the escalation of the migration crisis

The idea of the Dublin Conventions was created between European Union countries establishing a hierarchy of criteria where the European country first entered by an asylum seeker would be the country responsible for considering his/her asylum claim.

Arguably the idea was to solidify the unity of Europe. However, with the recent migration crisis this unity and the objectives of the conventions are starting to crumble.

As the European Union expand so does its problems. One of the central problems faced by Europe is the migration crisis and the application of Dublin Regulations, as some Member States are struggling to comply with their obligations. For instance removals to Greece are still suspended under the Dublin Regulations. With the increasing influx of migrants in Europe it is becoming clearer that Greece may not be the only country where removals under the Dublin Regulations may be suspended amid fears that some Member States actions may be in breach of human rights.

For example situations are now emerging in countries such as Cyprus, Malta, Bulgaria and Hungary, where there are arguable breaches of human rights when it comes to the consideration of the applicants’ claims and the way the reception facilities are provided to them. In the summer of 2015 Hungary stopped accepting returns of individuals under the Dublin Regulations on the basis that the country was overburdened. Amid pressure from other Member States this suspension was lifted but Hungary rushed to amend their asylum system which according to reputable NGOs such as Amnesty International and the Hungarian Helsinki Committee, is contrary to the European and refugee conventions.

More recently the UNHCR and the Council of Europe has urged Hungary to change its tone over refugees. In Bulgaria there are consistent reports of asylum seekers being subjected to xenophobic behaviour by not just ordinary people but also by the police, the very people charged with the safety and protection of individuals. When countries signatory to the Dublin Regulations behave in such contravention of established international and European laws it begs the question of whether there is any point to such regulations. As the migration rate increases in Europe, it seems that in the name of immigration control, more and more Member States are either disregarding the European laws or justifying their toughened anti migration approach.

When the Dublin Regulations was first established there were only 12 signatories, which made for a somewhat effective management and application of the Convention between the Member States. However, as the signatories to the Dublin Convention have increased over the years the effectiveness of its application has lessened and the Dublin Regulations has come under closer scrutiny and it has been subjected to severe criticism. With increasing number of Member States such as Germany, the Netherlands, Belgium suspending removals of certain countries under the Dublin Regulations it would be interesting to see what the future holds for the survival or dare we say revival of Dublin Regulations.

Duncan Lewis continue to pursue protection of vulnerable persons rights, and ensure they are not returned to countries where these will not be respected. Our firm is at the forefront of various litigations representing individuals and challenging removals to a number of countries such as Austria, Malta and Cyprus.

We are currently running the lead cases on Bulgaria and Hungary.

About the Auhtor: Bahar Ata

Bahar joined Duncan Lewis & Co in November 2011 and is an accredited Supervisor and Senior Immigration caseworker under the Law Society Immigration and Asylum Accreditation Scheme. Bahar is a member of the Chartered Institute of Legal Executives. Bahar has over 6 years experience specialising in Immigration and Asylum, representing clients in all types of immigration and asylum matters from initial applications through to appeals at the Tribunal and the higher courts.

Bahar has in depth experience of representing clients at the High Court in their judicial review matters. She also has a very good knowledge of the procedures involved within the Court of Appeal and the Supreme Court having represented clients in matters where the decision of the Supreme Court changed the jurisprudence in relation to the Immigration Rules in the UK


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