ECHR and Bogus Asylum invaders – BNP

European Court of Human Rights Opens Door for Thousands More Bogus Asylum Invaders

Sun, 23/01/2011

The European Court of Human Rights has opened the door for thousands of bogus “asylum seekers” to invade Britain and other European nations after abolishing the right of European Union member states to deport illegals back to Greece.

This week’s court ruling means that any asylum seeker can be guaranteed to remain in Britain (or any other EU nation) just by claiming to have entered Europe through Greece.

The ruling was the first to be heard by the court under the European Union mechanism known as Dublin II, which allows EU member states to deport bogus asylum seekers back to the nation through which they first entered the continent.

The case arose after Belgian deported an Afghan asylum seeker to Greece under the Dublin II rules, which say that an asylum seeker must have their application heard in the EU member state they entered first.

The court found Belgium and Greece had violated articles 3 and 13 of the European Convention on Human Rights, which deal with the prohibition of “inhuman or degrading treatment or punishment” and the “right to an effective remedy.”

According to the court, Greece violated the convention because of “detention conditions and deficiencies in its asylum procedure.”

It was ruled that Belgium had violated the Human Rights laws by “exposing the plaintiff” to the Greek system.

The court also found that Belgium had “violated the convention by denying the applicant an effective remedy against his expulsion order” – in other words, that Belgium had not given the bogus asylum seeker a way of appealing against his deportation to Greece.

The ruling means that the Dublin II rules can be overturned by an asylum seeker merely saying that he or she entered Europe through Greece.

The very nature of the illegality of most asylum seekers’ entry into Europe (and Britain in particular) makes it of course almost impossible to disprove a claim that Greece was an individual’s first port of entry.

At least half a million asylum seekers are thought to be living in Greece without any legal status, which has placed an unbearable strain on the Greek state’s infrastructure.

Earlier, the United Nations High Commissioner for Refugees has said that the Greek asylum system had “collapsed” under the tidal wave of invaders.

Germany has already officially stopped sending asylum invaders back to Greece and all other EU states will soon follow suit. There are a reported 7,000 such cases throughout the EU, with at least 1,300 in Britain.

Ironically, Britain’s open doors policy has meant that the Dublin II rules have not even been enforced here, so the ruling will only affect asylum invaders in the sense that it will provide an added layer of legal protection against any attempts to get them out of the country.

As Migrationwatch chairman Sir Andrew Green said, “This opens a gateway into Europe and Britain for asylum seekers.

“Future asylum seekers will enter the EU through Greece safe in the knowledge we cannot send them back. Their cases will have to be settled here at the expense of the British taxpayer.”


But: the facts about asylum

Asylum seekers and refugees do not get large handouts from the state

  • Asylum seekers do not come to the UK to claim benefits. In fact, most know nothing about welfare benefits before they arrive and had no expectation that they would receive financial support.
    (Refugee Council, Chance or Choice? Understanding why asylum seekers come to the UK, 2009)
  • Most asylum seekers are living in poverty and experience poor health and hunger.
    (Independent Asylum Commission citizens’ inquiry in The Independent, 22 October 2007)
  • Almost all asylum seekers are not allowed to work and are forced to rely on state support – this can be as little as £5 a day to live on.
  • Asylum seekers do not jump the queue for council housing and they cannot choose where they live. The accommodation allocated to them is not paid for by the local council. It is nearly always ‘hard to let’ properties, where other people do not want to live.

Asylum seekers and refugees are law-abiding citizens

  • The vast majority of people seeking asylum are law abiding people.
    (Association of Chief Police Officers (ACPO), Guide to meeting the policing needs of asylum seekers and refugees, 2001)
  • Many destitute refused asylum seekers fear approaching the police to report incidents of sexual harassment and assaults, avoiding contact for fear of being picked up, put in detention and deported. (Refugee Action report on destitute refused asylum seekers, 2006).
  • In international and national law, distinctions are made between refugees, asylum seekers, legal and illegal economic migrants, minority citizens, travellers and others. These distinctions are all too easily lost by the media, and most particularly in the tabloid press. (Memorandum from UNHCR to the Joint Committee on Human Rights, 2007)
  • Immigration officers have the power to detain asylum seekers, even if they have not committed any crime.

Refugees make a huge contribution to the UK

Asylum seekers are looking for a place of safety

  • There is no such thing as an ‘illegal’ or ‘bogus’ asylum seeker. Under international law, anyone has the right to apply for asylum in any country that has signed the 1951 Convention and to remain there until the authorities have assessed their claim.
  • There is nothing in international law to say that refugees must claim asylum in the first country they reach.
  • It is recognised in the 1951 Convention that people fleeing persecution may have to use irregular means in order to escape and claim asylum in another country – there is no legal way to travel to the UK for the specific purpose of seeking asylum.
    (United Nations 1951 Convention Relating to the Status of Refugees)
  • The top ten refugee producing countries in 2008 all have poor human rights records or ongoing conflict. Asylum seekers are fleeing from these conflicts and abuses, looking for safety.
    (UNHCR, 2008 Global Trends: Refugees, Asylum seekers, Returnees, Internally Displaced and Stateless Persons, 2009)
  • Many refugees and asylum seekers hope to return home at some point in the future, if the situation in their country has improved.
  • The 1951 Refugee Convention guarantees everybody the right to apply for asylum. It has saved millions of lives. No country has ever withdrawn from it.

Britain’s asylum system is very tough

Poor countries – not the UK – look after most of the world’s refugees