Brexit All of article
the UK remains until the planned completion of the leaving the EU to the European asylum rules-bound. The European Gerichtshofin Luxembourg has decided. The withdrawal request alone will change nothing to the jurisdiction of the country for originally UK registered asylum seekers.
the Background is the case of a pair, which travelled after the expiry of his visa in the UK with his child to Ireland and asylum requested. The Irish authorities wanted to take the asylum seekers back to the UK surrender – because according to the so-called Dublin III regulation – to the distribution rules of the EU for asylum – the UK is responsible.
The two students argued, because of the planned Brexits Ireland would have to examine the applications themselves. The Supreme court of Ireland asked the ECJ to the interpretation of the corresponding Dublin regulation.
Ireland could voluntarily grant protection
The court gave the Irish authorities law. “A member state that has notified its intention, in accordance with article 50 of the EU to withdraw the contract from the Union, remains the competent state for the purposes of the Dublin-III-regulation”, – is spoken in the court message. However, it should be up to individual countries to decide when and whether to grant beyond that protection, even if they are not responsible. A discretionary clause would allow, without preconditions, to each state, to consider political, humanitarian or practical considerations, an application for international protection.
The judges in Luxembourg with the decision of its previous case-law faithful. Accordingly, the British application to the actual EU exit no influence on the application of EU law.