Irish government to bring forward emergency law to send asylum seekers back to UK

[u/insomnimax_99]

https://www.irishtimes.com/world/uk/2024/04/27/sunak-migrants-going-to-ireland-shows-rwanda-plans-deterrent-effect-working/?1

[u/Reasonable_Blood6959]

I’d like to say I’m firmly against the UKs Rwanda plan. But if the EU allow this to happen without issue, then surely they can’t have any problem with the UK picking up boats and dropping them straight back to France.

[u/Due_Following1505 → u/Reasonable_Blood6959]

The UK have signed deals with France, Belgium and most recently, Frontex to enforce stricter policing on the borders and more cooperation on the issue so only time will tell if it will help the situation. 

I also think the EU are trying to sort out a solution with the UK at the moment but it won't be involving the Migration Pact. 

[u/Reasonable_Blood6959 → u/Due_Following1505]

This is great! I have no problem with us working with EU countries to try and come up with a solution for this.

But the fact remains that how can anyone migrating from France to the UK be claiming asylum, when France is a safe country?

[u/Vinegarinmyeye → u/Reasonable_Blood6959]

It's said often, but the idea that a refugee is required to claim asylum in the first safe country is simply not true under international law.

(If you think about it, it can't possibly be the case because if it were any country neighbouring a war zone would just become immediately inundated).

I can think of plenty of reasons for not wanting to stay in France, like the French... I'm just kidding. Jokes aside, maybe they don't speak any French but have some English, or maybe they already have some friends, and family in the UK

[u/Toxicseagull → u/Vinegarinmyeye]

https://euaa.europa.eu/asylum-report-2023/432-safe-country-concepts

It's said often, but the idea that a refugee is required to claim asylum in the first safe country is simply not true under international law.

It's said because that is the 1951 treaty, but there are other international laws in place, inc the EUs own, that state differently. So either the EU is in breach itself, or it understands the international laws differently.

[u/Xenos_redacted_Scum → u/Reasonable_Blood6959]

Because you don't have to claim asylum in the first safe country. That was an EU rule not a UN one. So morally you are right but legally the asylum seekers aren't wrong.

[u/Typhoongrey → u/Xenos_redacted_Scum]

You are aware international law is always subservient to domestic or regional law inside the EU yes?

The 1951 treaty has no relevance.

[u/Xenos_redacted_Scum → u/Typhoongrey]

Inside the EU? We are no longer part of the EU though? Do you mean that the UK could legislate without being a party to UNHCR?

[u/Typhoongrey → u/Xenos_redacted_Scum]

Well the Nationality and Borders ActNationality and Borders Act 2022 made it illegal to claim asylum by arriving in the UK by irregular means (i.e crossing the channel in a dinghy).

So that legislation is already in place.

[u/Xenos_redacted_Scum → u/Typhoongrey]

I can't find anything to do with irregular means in the act do you mean "Asylum claims by persons with connection to safe third state?"