In December 2018, Home Secretary Sajid Javid declared the increased attempts to cross the English Channel a “major incident”. He questioned whether such migrants were “genuine asylum seekers” because of their failure to claim asylum in the first “safe” country in which they arrived. In a debate in the House of Commons, the Home Secretary referred to the 2005 Asylum Procedures Directive, the 2004 Asylum Qualification Directive and the Dublin Regulation to defend his comments.
The Dublin III Regulation
The Dublin III Regulation is an European Union (EU) law that establishes which country is responsible for examining an asylum application lodged in an EU country (as well as, Iceland, Norway, Switzerland or Lichtenstein) by a third country national. In general, if an asylum seeker first enters an EU “safe third country” on their way to the UK, then under the Dublin III Regulation that country becomes responsible for processing their asylum claim. Under this system, asylum seekers can be returned to the country where they first arrived.
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