ECJ Ruling On Return Of Asylum Seekers

The Irish Times 21st Dec 2011 www.irishtimes.com

An asylum seeker may not be sent back to the first EU member state he or she landed in from outside the EU if they risk being subjected to inhuman treatment there, the European Court of Justice (ECJ) has ruled.



This means five asylum seekers in Ireland who landed first in Greece from outside the EU cannot be sent back there.


Under the “Dublin II” Regulation the state in which the asylum seeker first arrived was considered responsible for dealing with their asylum application. In practice this meant Ireland could send asylum seekers back to countries along the EU’s eastern and southern borders which were most commonly the first in which they arrived.


Earlier this year the ECJ ruled Belgium was wrong to send an asylum seeker back to Greece where he had already suffered mistreatment in the asylum process, as Greece could not guarantee his human rights would not be infringed.
Following this, the court was asked by Ireland and the UK to rule on two cases where asylum seekers had arrived from Greece and resisted being sent back there on the basis that the procedures and conditions for asylum seekers are inadequate.

So it is clear that the EU is willing to tolerate individual EU countries treating asylum seekers differently, the asylum seekers using a 'ratings system' and effectively open the floodgates to countries with 'better reputations' for handling asylum cases.

As asylum seekers can raise their flag anywhere from the door of the aircraft to passport control and beyond and once a claim is made the claimant in registered into an expensive processing system.

It is perplexing that an airline permitted the asylum seekers to board an aircraft to Ireland and more perplexing that a 3rd Country must have been used as there are no direct scheduled flights between Greece and Ireland.

I regularly fly between various locations in europe (including Ireland) and when travelling into or out of the Common Travel Area (UK & Ireland), I am requested to input Passport Details at the time of check-in. Those with the requirement for a Visa would also have to present same.

It is very important that the Airlines (already responsible for verifying visas etc) are held fully responsible for checking travellers data and nationality and passport details of passengers arriving from outside the common travel area are with the Irish Authorities prior to departure of the aircraft. If a traveller does not have the correct documentation then the airline should not permit that passenger to board.

I have seen in some jurisdictions where on rare occassions Immigration Officers will meet a specific passenger at the door of the aircraft on arrival and not permit a passenger without the correct documentation to disembark, forcing the airline to return the passenger to his/her point of origin.

Picasso