Changing the Rules: Four Refugees Seek Asylum from Outside the UK

Scris de **Admin** Joi Feb 04, 2016 9:36 pm

http://renegadetribune.com/changing-rules-four-refugees-seek-asylum-outside-uk/

Michael Fordham QC is an award-winning UK solicitor who has worked in human rights law for 25 years and also lectures at Oxford College. He is a member of the IBA (International Bar Association), which is a global collaborative of legal practitioners who influence law reform, has won the ‘bar pro bono award’, and was the Lead Author of Immigration Detention and the Rule of Law (2013). To put it simply, he not only knows the law on immigration, he plans on initiating the change of current legislation globally with other legal practitioners.

Last week he did initiate change, as he won the right for four Syrians, who claim to be related, to be brought from the ‘Calais jungle’ in France to seek asylum in the UK under article 8 of the human rights act. This provision gives a person the ‘right to respect for family life and private life’ , which essentially means to be with your family, but the ‘Dublin Regulation’ states that a refugee seeking asylum can only seek asylum from the first EU country he reaches and cannot seek asylum from another country.

“It is not legally possible to apply for asylum from outside the UK” (Asylum Aid, The Asylum process: accessed, 2016).

The normal procedure to follow would be to apply in France, and then once a decision was made, to apply for a transfer under the article 8 of human rights, so as to be reunited with family members.

Once an application is lodged in France, the process for formally passing it to the UK can take up to a year. The tribunal’s ruling means the four Syrians could be formally admitted to the UK as soon as their claim was lodged in France rather than waiting there while it passes through the French system.” (The Guardian, Jan, 2016).

The Judge, Mr. Justice McCloskey, said he had to weigh up the human rights article against the Dublin regulation and do what was the best for the public, the immigration crisis, and the psychological damage to the family in question, from leaving their home to the ongoing trauma at the camp site known as the Calais jungle.

The judges said:

The first four [Syrian] applicants, however, are in a special, indeed unique, situation because of their ages, their vulnerability, their psychologically traumatised conditions, the acute and ever present dangers to which they are exposed in ‘the Jungle’, the mental disability of the fourth applicant, the [claimed] relationships linking all seven applicants, the particular relationship between the third and the fourth applicants.” (The Guardian, Jan, 2016).

The four refugees below are three teenagers and a mentally disabled man of 26, who have claimed relations inside the UK. Media sources are unclear of the age of the teenagers, ranging from 16-19 throughout different articles.

Changing the Rules: Four Refugees Seek Asylum from Outside the UK 30B41BC100000578-3422995-image-a-47_1454084675603

Speaking under the condition of anonymity, one said: ‘I’m very glad the case is now going to open the door to so many others to get here safely.’ Speculation has risen that 3-400 more refugees will be flown over soon, and that ‘charity Citizens UK’ have said ‘we hope to roll out legal support for them in a matter of days.’ (Mail Online, Jan 29th, 2016).

The four Syrians have won and are in Britain. So now we have the beginning of a bypass system.

Mr Justice McCloskey, who is the President of the Upper Tribunal Immigration and Asylum Chamber, also added that he was aware most refugees in Calais are economic migrants that want the benefits the UK has to offer.

I would say is he aware of the door he has opened. It appears these four Syrians, who are apparently related, had a perfect judge and solicitor who are both a part of the International Bar Association, reforming law together. Both practised at the ‘Gray’s Inn’ (one of the four, Inns of court), and are both authors on immigration, for textbooks and government policy. It looks like this claimed family could not have been luckier or in better hands.

Have these pro-immigration legal practitioners allowed a new precedent in the EU, allowing refugees to claim asylum to anywhere from anywhere?

This March we could be seeing this new policy codified into European law.

The European commission is expected to propose scrapping arrangements that mean refugees have to claim asylum in the first European country they arrive in.”(The guardian, Jan 20th, 2016).

Maybe this is why Britain is being brainwashed into voting to stay in the EU this year, so refugees can shop for a country, and bag themselves a great deal.