From the information provided by Buenchico and Gromit it is quite clear (as I have pointed out in the past) that the EU “rules” on asylum applications and those which really govern them (Article 39, I think without looking it up) of the UN convention on refuges) are at odds. Gromit says this:
“Failure to seek asylum at the point of entry to the EU does not affect the claim of someone who gets to the UK and applies for asylum. The asylum is investigated purely on merit of the individual case, and is not disqualified because they could have applied elsewhere.”
‘Chico quoted this:
“Under the 'common policy' created by EU Council Directive 2004/83/EC, an application for asylum in the UK has to be treated in exactly the same way as it would be in (say) Greece. That means that the applicant has the right to remain in the EU member state where his/her application is lodged until such time as a determination upon that application is reached”
The UN Convention (or Protocol, can’t remember which it is) says quite clearly that refugees have an obligation to present themselves to the authorities in the first safe country they arrive in. It goes further to say that the right to asylum is jeopardised if this is not done. Here’s an extract from an article in the Guardian (not normally known for putting an anti-refugee slant on their articles):
“There is no obligation under the refugee convention or any other instrument of international law that requires refugees to seek asylum in any particular country. There has, however, been a longstanding "first country of asylum" principle in international law by which countries are expected to take refugees fleeing from persecution in a neighbouring state. This principle has developed so that, in practice, an asylum seeker who had the opportunity to claim asylum in another country is liable to be returned there in order for his or her claim to be determined.”
France (from where presumably this individual travelled to the UK) is a safe country. There was no need for him to leave there to ensure his safety and security. It is quite clear why the EU directive and the Dublin Agreement have been framed so clearly to contravene UN and international rules. It is because the Euromaniacs press on regardless of each individual nation’s obligations with the notion that the EU is one nation state. This means there is nothing to prevent an asylum seeker roaming over the continent until they reach their destination of choice. It also means that when they do finally lodge a claim they do not forfeit the right to asylum under the Convention (which in reality, they have) and they cannot be returned to (say) France from the UK.
“Getting out of the EU is a red herring in this instance.”
This is incorrect. If we were not an EU member we would bound neither by EU Council Directive 2004/83/EC nor the Dublin Agreement and could return those intercepted at Dover immediately to France. The UN agreements are signed by sovereign states. The EU is not a sovereign state and the rules it has introduced to be followed by its member states contravene the international agreements. People need to wake up and smell the coffee.
If anyone is interested in (or doubts) the content of the UN document 'll try to find it (though it has been cited on AB before).