Britain ordered not to send asylum seekers back to Greece because of the debt-ridden country’s appalling facilities

  • European Court of Justice rules no EU country can assume it can return asylum seekers to another member state
  • Decision forbids Britain from returning Afghan man to Greece, even though he came to UK via that country
  • 90% of immigrants who arrive in Europe illegally do so through Greece

By
Jack Doyle

Last updated at 8:46 AM on 22nd December 2011

Britain has been stripped of its power to return asylum seekers to Greece – after a ruling by European judges.

The decision by the Luxembourg court
risks plunging the entire European asylum system into chaos – and
leaving border controls in this country hamstrung.

An immigration watchdog warned the ruling would open a ‘perfect back door into Britain’.

Ruling: Britain and Ireland were today told they cannot send asylum seekers back to Greece because of the country¿s inadequate asylum arrangements

Ruling: Britain and Ireland were today told they cannot send asylum seekers back to Greece because of the country¿s inadequate asylum arrangements

Under EU rules British officials can return asylum seekers to the first European country they set foot in.

But today the European Court of
Justice said no-one should be returned to a country if it did not uphold
their ‘fundamental rights’.

This means Britain cannot send asylum seekers back to Greece because its asylum system is such a mess.

The ruling also opens the door for claims against other countries on the grounds their asylum systems are not up to scratch.

Sir Andrew Green, chairman of Migrationwatch said: ‘This makes Greece the perfect back door into Britain.

‘In future, asylum seekers who are
not, in fact, genuine will claim that they have come through Greece,
whether or not they have.

‘It also undermines the agreement
which provides for asylum seekers to be sent back to the first EU
country in which they arrived.’

Around 90 per cent of illegal
immigrants who arrive in Europe do so through Greece, placing enormous
strain on the country’s immigration system.

The European Court of Justice in Luxembourg (pictured) ruled that no EU government can take it for granted that another member state¿s asylum procedures complied with fundamental rights

The European Court of Justice in Luxembourg (pictured) ruled that no EU government can take it for granted that another member state¿s asylum procedures complied with fundamental rights

The court ruled on a case brought by
an Afghan national known as ‘NS’ who was arrested in Greece in 2008 then
expelled to Turkey. He escaped and travelled to the UK where he applied
for asylum.

Britain ordered his return to Greece but he launched a legal challenge.

The court’s ruling said no EU
government could take it for granted that another member state’s asylum
procedures complied with fundamental rights.

The judges said: ‘An asylum seeker may
not be transferred to a member state where he risks being subjected to
inhuman treatment.’

As a result member states cannot send
an asylum seeker back if they have ‘substantial grounds for believing
that the asylum seeker would face a real risk of being subjected to
inhuman or degrading treatment.’

Between 2006 and 2010, the UK removed
6,034 people to other member states under the asylum rules – known as
the Dublin Regulations.

Conservative MEP Timothy Kirkhope said it was time to ‘get tough’ with Greece.

‘Of course, it is not right that genuine asylum-seekers are returned to a country where they face further persecution’ he said.

‘However, there is also now a clear
incentive for people with other motives to enter the EU via Greece, safe
in the knowledge that other countries are powerless to return them.’

But Donna Covey, chief executive of the Refugee Council welcomed the ruling.

She said: ‘The responsibility to
receive and determine claims of people seeking safety in Europe should
be shared across the continent, particularly in Western European
countries who see far fewer asylum seekers annually.

‘The focus for the member states must
now be on improving asylum systems across Europe to ensure people are
treated humanely while seeking safety in any country.’

Immigration minister Damian Green said: ‘Asylum claims should be dealt with in the first country of arrival.

‘We expect every member state to
ensure that the Dublin Regulation can operate effectively across the EU,
and we are working with Greece to improve their asylum processes.’

Here’s what other readers have said. Why not add your thoughts,
or debate this issue live on our message boards.

The comments below have not been moderated.

Please remember that this court is now managed by someone considered in this country that the only way he made a Registrar (Blair’s Missus was also one but after her judgement seems to be no longer acting as one) so he take the job.
Labour again I think.
Someone who is head of a major court who can not make it in his own country is not someone you would trust at a top level although our promotion may be wrong instead.

SIMPLE answer to that – We do not have to accept “ANY” asylum seekers in to this country, they must reside in the country they arrive in. LETS ALL FOLLOW THE RULES TO THE LETTER NOW THEN. No more coming in from europe . They must be given leave to stay in the country they arrive in FIRST. Start that tomorrow. Send troops onto the trains and ferries etc. No British Passport means they cannot get off, they must not be allowed to step foot into Britain. Once again i say SIMPLE.

“Britain has been stripped of its power to return asylum seekers to Greece – after a ruling by European judges”. How about Britain leaves the EU leaving it’s leaders stripped of imposing idiotic votes against us, and dictating what we should and shouldn’t do. It won’t be a day too soon if it happens (which I really do hope it does).

God save us from the Donna Covey’s of this world. A more self righteous airhead you could not imagine. This decision will literally allow the whole population of Afghanistan to enter the UK. I, for one, am sick to my stomach of people like this having such an influence in what transpires in this country. The horribly vocal, totally out of touch, pseudo-humanitarian minority.

It must really annoy the vast majority of you proud people to receive dictates from overseas. You were once the world’s superpower and now it’s come to this. I hope you get out of the EU soon and regain your pride and independence.

Send them to BELGIUM then!! Mr Rumpy-Pumpy can pay for their maintenance out of his enormous pay packet with the EU.
Come on, Cameron, get us out of the EU as soon as possible.
Maybe one day the Labour party will wake up and realise that if they adopt a policy of pulling the UK out of the EU, they could win by a landslide next election!

The EU demands, and we bend the knee. Preposterous! Stuff the EU. We are still a sovereign nation, and the first port of call rule applies. The Greeks can do what we should do – deport them back to Afghanistan, or wherever they are from.
Cameron, show two fingers to the EU despots.

Do the inmates of Westminster get a bonus for every item of cr@p they import to UK or are they awarded bonus points towards a Brussels job after the the final sale of this country.

These EU rulings are nothing to do with ‘Human Rights’. The EU just uses Human Rights as a convenient weapon to destroy Britain’s indepence sovereignty. In 1940 Germany used the Panzer tank to conquer Europe. In 2011 the German-led EU is using the Human Rights Act as a weapon against the UK.

And of course our lickspittle authorities will do EXACTLY as they are told !

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