Steve McCabe – 2016 Parliamentary Question to the Home Office

The below Parliamentary question was asked by Steve McCabe on 2016-05-20.

To ask the Secretary of State for the Home Department, with reference to the Answer of 19 April 2016 to Question 34024, whether the matter of family ties to the UK being considered only after substantive interview is in compliance with the Dublin Regulations.

James Brokenshire

Following an application for asylum in the UK, the first stage in the asylum process is the Screening process, which includes collection of fingerprints and bio data, travel history, health, summary of claim, security checks and family background. If at this first stage evidence emerges that an applicant’s asylum application should be more correctly dealt with by another European state in accordance with the Dublin Regulation, then, we would seek to transfer the applicant to the member state responsible for deciding the application.

It is, however, possible that evidence concerning responsibility of another state emerges after the screening process, in which case a request to another state to take responsibility under the Dublin Regulation can be made, providing that the Regulation’s time limits for making requests are met. In cases involving family unity Article 17(2) of the Regulation make special provision for requests to take responsibility to be made at any time before a first decision is made on the substance of the asylum claim.

For individuals who claim asylum in another EU member stage and who seek to rely on family connections to the UK as part of their application, application and compliance with the Dublin Regulation would be a matter for the individual state concerned.