The European Court of Justice ruled that handing over would-be refugees could infringe their human rights.
Angry critics branded a “disgrace” and a “mockery” the decision which piles pressure on over-stretched frontier controls. Greece is a key entry point over EU borders for illegal immigrants from Africa, Asia and the Middle East heading for Britain.
It is feared the ruling could lead to an explosion in “asylum shopping”, where claimants make multiple applications to try to stay in the EU.
Tory MP Priti Patel said: “This decision is an absolute disgrace that flies in the face of common sense. Once again, European judges are making a mockery of human rights.”
Alp Mehmet, of the think-tank MigrationWatch, said: “This is the sort of absurdity that we have come to expect from the European courts. Common sense should be applied here, but they have failed to show any.
Greece is an EU country and has been for a long time; to suggest that someone’s human rights are going to be infringed by being sent there beggars belief |
Alp Mehmet, of the think-tank MigrationWatch |
“Greece is an EU country and has been for a long time; to suggest that someone’s human rights are going to be infringed by being sent there beggars belief.”
The row erupted yesterday when the Luxembourg court – the EU’s highest legal authority – upheld claims of asylum seekers in the UK and Ireland, including an Afghan who challenged being sent to Greece last July.
Thousands crossing the Turkish frontier into Greece are held in often degrading conditions in camps while claims are processed.
Tory James Clappison of the Commons Home Affairs Committee said the camps were “terrible” but insisted that Britain should not be penalised. He added: “I question whether the court has any jurisdiction over Britain in this case.”
Tory Euro-MP Timothy Kirkhope, a former immigration minister, said the ruling was “extremely frustrating” and “unfair”.
He said: “This is another case of how well-intentioned human rights law is being interpreted to the detriment of those countries that play by the rules, such as the UK, whilst allowing countries that fail to meet their obligations to see little consequence.”
He added: “If the UK or France had such inadequate systems and poor asylum conditions as Greece then I have no doubt the European Commission would come down on us like a ton of bricks.
“Western European countries are not trying to return people to some African dictatorship.”
Immigration Minister Damian Green last night said: “We are working with Greece to improve their asylum processes.” The Court of Justice upheld the claim of the Afghan – identified only as “Mr NS” – against the British Government.
Whitehall insiders said transfers of asylum seekers to Greece had already been halted earlier this year in anticipation of the ruling.
Officials feared the Home Office could face a string of costly legal claims if they pressed ahead with deportations to Greece.
A UK Border Agency spokesman: “We will consider the detail of this judgment carefully.”
The European Court has repeatedly been accused of overreaching its jurisdiction by meddling in British law.
COMMENT
GERARD BATTEN, Ukip MEP for London and party Home Affairs spokesman
This ruling by the European Court of Justice proves once again, if further proof were needed, that our own Government is no longer in control and courts can no longer interpret the democratically enacted laws of the land.
The 1951 Convention on Refugees requires refugees to seek asylum in the first “designated safe” country they enter.
The EU’s Dublin Regulation sets rules for states to use when assessing asylum applications. The European Court says itself that the system was conceived in a context assuming states observe the same standards. Now it is forced to admit they don’t.
Greece is an EU member and a signatory of the Charter on Fundamental Rights but has been ruled an unfit place for asylum seekers.
This is despite the fact that Greece is also a designated safe country under the 1951 Convention.
Under a European Arrest Warrant any British citizen can be “judicially surrendered” to any EU state, including Greece, and held without a British court having the right to refuse extradition on the basis of evidence (or lack of it) against them.
One of my London constituents Andrew Symeou was extradited to Greece in 2009. He was held in hell-hole conditions for 11 months before finally being found not guilty on the evidence shown to the extraditing British court. Astonishingly, that evidence is not allowed to be considered during the extradition process.
Greece is considered too dangerous for asylum seekers but not dangerous enough for British citizens to be consigned to its prisons. British courts should repudiate yesterday’s judgment.
A nation that does not have power over its own laws and its own courts cannot be a free country.
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