Hannah Bardell – 2015 Parliamentary Question to the Home Office

The below Parliamentary question was asked by Hannah Bardell on 2015-11-18.

To ask the Secretary of State for the Home Department, what her policy is on accepting asylum claims from (a) Syrian refugees who have reached the UK travelling through other EU member states without claiming asylum in one of those states and (b) such refugees who reside with family members who have a right to reside in the UK.

James Brokenshire

Asylum seekers should not travel through safe countries illegally and then choose where to claim asylum.

If we have evidence that a Syrian asylum seeker is the responsibility of another European country we can and will seek to return them there under the Dublin Regulation. Similarly, if we have evidence that the person claiming asylum in the UK has already been granted international protection by another European country we will also seek to remove them to the country that granted protection. When making a decision on whether to remove refugees under the Dublin Regulation full consideration is given to the right to family and private life under Article 8 of the ECHR.

The Dublin Regulation does contain family unity provisions which may result in the responsible State being that where an asylum seeker’s close family members are legally present. The asylum seeker would, however, in the first instance need to make an asylum application in the country that they are in, in order for the provision to be considered.