Asylum Credibility
The European Court of Human Rights held last week that it is a breach of the European Convention on Human Rights (ECHR) to dismiss an asylum claim without attempting to verify documents presented by the applicant. The Court, in a
chamber judgment found a combined breach of Article 3, freedom from torture or inhuman or degrading treatment or punishment, and Article 13, the right to an effective remedy. Click here to read a press release on the judgment.
In related Irish news, on 3 August 2012, the High Court, in a
Judicial Review case, quashed a Refugee Appeals Tribunal decision to refuse the applicant refugee status on grounds that the Tribunal failed to adequately asses the applicant’s medical report.
Click here to read a
Elsewhere in the UK, the UK Border Agency (UKBA) recently rejected an asylum claim from an
Afghan army interpreter who had previously worked with the British armed forces. The applicant’s easily authenticated documents were rejected as capable of being forged. The Free Movement Blog says the decision is typical and is indicative of the UKBA’s culture of disbelief. Readers of
last week’s bulletin will recall that that the Children’s Society reported a “culture of disbelief and suspicion” within the UKBA.
As the bulletin went to press, the Irish Refugee Council launched their report Difficult to believe: the assessment of asylum claims in Ireland. The report says that asylum applicants face a “culture of disbelief” amongst decision makers in the asylum process when seeking to establish their credibility. Click here to read an Irish Times Article.
CJEU rules on Minimum reception Conditions
On 27 September, the Court of Justice of the European Union (CJEU) ruled that Member States must give minimum reception conditions as laid down under
Directive 2003/9/EC even to asylum seekers applying under Dublin II procedures.
The
Dublin II Regulation lays down criteria for determining which Member State is responsible for examining an asylum application. Usually the country deemed responsible is the country through which the applicant first entered the EU.
The Court held that minimum conditions must be granted not only to asylum seekers present in the territory of the responsible Member State but also to those who remain pending determination from another Member State. The obligation applies from moment an application is lodged until the actual transfer of the applicant even if state is not responsible for examining the application.
In related news, on 19 September, the European Parliament Civil Liberties, Justice and Home Affairs Committee endorsed draft legislation concerning standards for reception and treatment of asylum seekers as well as draft legislation concerning Dublin II procedures. The draft laws are expected to be adopted by the end of the year.
Click here for further information.
Asylum Seekers living in extreme poverty
The Scottish Poverty Information Unit recently published the report
Trapped: Destitution and Asylum in Scotland. The report says that failed asylum seekers in Scotland are living below UN global poverty thresholds and hundreds of asylum seekers are living on less than 77p a day. Morag Gillespie, head researcher, said that the research suggests that “hundreds of asylum seekers are caught in a trap – unable to go home and yet forced into destitution and unable to support themselves in any way”
Meanwhile in the UK, the death of a child has raised questions about the current asylum support system. The child and family involved appear to have fallen through the cracks during the transitional period between leaving the National Asylum Support Service and entering the mainstream welfare system.