The European Union’s top court has seized control of Britain’s asylum policy and border controls with a ruling last Wednesday which forbids the transfer of invaders back to nations where they might face “inhuman” treatment.
What this in effect means is that it is now illegal for Britain—or any other EU nation—to enforce the so-called Dublin Agreement, which allowed EU member states to deport “asylum seekers” back to the EU nation through which these scroungers first entered Europe.
The Luxembourg-based EU Court of Justice sided with a number of Afghan, Algerian and Iranian “asylum seekers” who challenged attempts by courts in Britain and Ireland to send them back to their EU entry point of Greece.
“An asylum seeker may not be transferred to a member state where he (or she) risks being subjected to inhuman treatment,” the Luxembourg-based EU Court of Justice ruled.
Under an agreement called Dublin II, EU countries are allowed to deport an asylum seeker back to the country in which the applicant first set foot. This agreement has now been effectively negated, as 90 percent of all entrants into EU come through Greece.
That nation, overwhelmed by an influx of migrants crossing its porous border with Turkey, and crippled by a debt crisis, has struggled to process a mountain of asylum requests.
The United Nations special rapporteur on torture, Manfred Nowak, said in 2010 that migrants often endured “inhuman” conditions in filthy, overcrowded detention facilities in Greece.
The European Court of Human Rights ordered Belgium earlier this year to pay damages to an Afghan migrant who had been sent back to Greece.
In the case reviewed by the EU judges, an Afghan national who arrived in Greece in 2008 and later made his way to Britain resisted an attempt to send him back to Greece, arguing that his fundamental rights could be violated there.
Five other migrants from Afghanistan, Iran and Algeria claimed asylum in Ireland after leaving Greece.
The court ruled that EU law precludes a state from presuming that another EU nation observes fundamental rights conferred on asylum seekers.
EU states and courts “have a number of sufficient instruments at their disposal enabling them to assess compliance with fundamental rights” in other nations, the judges wrote.
Around 260,000 asylum requests were made in the EU in 2010, with more than 75 percent of them filed in six nations (Britain, France, Germany, Italy, Belgium and Sweden).