Asylum:Written question - HL15008

Asked on: 02 April 2019
Home Office
Asylum
Lords
To ask Her Majesty's Government what consideration they have given to amending the saving provisions in Part 3 of the Immigration, Nationality and Asylum (EU Exit) Regulations 2019 so that the cut-off date for take charge requests under the Dublin III regulation is based on the date that the connected asylum claim was made rather than the date that the request was received.
Answered on: 09 April 2019


The saving provisions in Part 3 of the Immigration, Nationality and Asylum (EU Exit) Regulations 2019 sets out that, should the UK leave the EU with no deal, all Dublin III Regulations take charge requests relating to family reunification that were made before we exited the EU, but are still pending resolution, will continue to be considered under the existing provisions. This provides certainty for all those in the Dublin system that the UK will continue to process their claims to be transferred here to have their asylum claim assessed.

Given that the UK will not be a part of the Dublin III Regulations following exit from the EU in the event that no deal is secured, we will need to rely on the cooperation of other Member States in order to fulfil this commitment. The UK cannot, through domestic law, create commitments for Member States in respect of individuals who are in their territories and who claim asylum.

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