Steve McCabe – 2016 Parliamentary Question to the Home Office

The below Parliamentary question was asked by Steve McCabe on 2016-07-19.

To ask the Secretary of State for the Home Department, pursuant to the Answer of 15 June 2016 to Question 40147, what steps her Department takes in cases where further evidence of family links is required before asylum can be granted.

Mr Robert Goodwill

As stated in the Answer of 15 June to Question 40147 the Dublin Regulation concerns the determination of the Member State responsible for examining an application for asylum. The Dublin Regulation does not, however, concern the factual assessment of whether or not asylum can be granted in individual cases. Consideration of an asylum claim will only take place in the UK once a transfer from another Member State has been accepted, the transfer has taken place and the individual has formally lodged their claim in the UK. In any event, existence of family links is not a reason for a grant of asylum.

The Dublin Implementing Regulation (EC) No. 1560/2003, as amended by Regulation (EU) No. 118/2004, contains two lists indicating the relevant elements of proof and circumstantial evidence to be considered. If the initial evidence does not establish the existence of proven family links referred to in the Implementing Regulation then the reasons why the Department is not satisfied about the claimed relationship are given so that the requesting Member State and/or the individuals concerned can provide further information