“First safe country”

[MNW67]

Also, I wasn't even really talking about the legal situation. I was more interested in the circular reasoning of those who say that if a refugee doesn't stay in a safe neighbouring country then this "proves" they aren't really a genuine refugee. A bit like the witch drowning test.

 

[motorbiking]

I would rather believe information from the world's top university over your interpretation. And anyway, the document you quoted from a couple of posts above doesn't seem to have any legal status. It just seems to be a wish list of best practice.

I've provided you to the source in my above link. I repeat again, these are not my interpretations. They are the conclusions of the Executive Committee of the UNHCR.

Also, I wasn't even really talking about the legal situation. I was more interested in the circular reasoning of those who say that if a refugee doesn't stay in a safe neighbouring country then this "proves" they aren't really a genuine refugee. A bit like the witch drowning test.

I encourage you to read it. I can't find any analysis of it on migration observatory site.

 

[MNW67]

I repeat again, these are not my interpretations. They are the conclusions of the Executive Committee of the UNHCR.

You are misunderstanding both the status of the document and what it actually says.

I will stick with the interpretation of the world's top university:

Asylum seekers are not obliged to make their asylum claim in the first safe country they arrive in after leaving their country of origin. However, governments are also not obliged to assess an asylum claim if another safe country is willing to do so instead (including a country the applicant passed through). Under an EU law known as the Dublin III Regulation, asylum seekers could, in theory, be transferred to the first EU member state in which they arrived after leaving their origin country. After Brexit, the UK is no longer a part of the Dublin arrangements.

 

[noseall]

I will stick with what Oxford University say. Rather than your interpretation.

Wise decision.

 

[blup]

Said no one ever

The politics of personality has failed, as witness Borris and the Don

 

[motorbiking]

You are misunderstanding both the status of the document and what it actually says.

nonsense. If you had an argument, you'd present it. You haven't so clearly you don't. You will not find the Migration Observatory disputes this and the link to the fact sheet which correctly says asylum seekers are not required to seek safety in the first safe country is not disputing either the findings of the Exco or our domestic law.

In your scenario A person in danger moves from A to B to seek safety as a refugee. B is a safe country, they subsequently want to move to C. They have no right to claim Asylum in C due to having connection with B.
This is the view of the UNHCR Exco, and is also enshrined in our domestic law:

Nationality, Immigration and Asylum Act 2002

An Act to make provision about nationality, immigration and asylum; to create offences in connection with international traffic in prostitution; to make provision about international projects connected with migration; and for connected purposes.

www.legislation.gov.uk

I will stick with the interpretation of the world's top university:

Please do share where they say a person from A who has found safety in county B, can subsequently choose to move to C.

 

[noseall]

Please do share where they say a person from A who has found safety in county B, can subsequently choose to move to C.

Where does it say they can't?

 

[noseall]

You are misunderstanding both the status of the document and what it actually says.

I will stick with the interpretation of the world's top university:

Now he'll lie, waffle and start blathering on about stuff you never mentioned.

 

[motorbiking]

Where does it say they can't?

Nationality, Immigration and Asylum Act 2002
80B Asylum claims by persons with connection to safe third State
(1)The Secretary of State may declare an asylum claim made by a person (a “claimant”) who has a connection to a safe third State inadmissible.

This governs the below policy of refusing cases on safe 3rd country grounds

Inadmissibility: safe third country cases (accessible)

www.gov.uk

and again from the UNHCR ExCo which neither of you seem to want to read:
e) Refugees and asylum-seekers, who have found protection in a particular country, should normally not move from that country in an irregular manner in order to find durable solutions elsewhere but should take advantage of durable solutions available in that country through action taken by governments and UNHCR as recommended in paragraphs (c) and (d) above;

Now he'll lie, waffle and start blathering on about stuff you never mentioned.

Now he'll ask questions so that he can ignore the answers and claim its irrelevant waffle.

 

[noseall]

Nationality, Immigration and Asylum Act 2002
80B Asylum claims by persons with connection to safe third State
(1)The Secretary of State may declare an asylum claim made by a person (a “claimant”) who has a connection to a safe third State inadmissible.

This governs the below policy of refusing cases on safe 3rd country grounds

Inadmissibility: safe third country cases (accessible)

www.gov.uk

and again from the UNHCR ExCo which neither of you seem to want to read:
e) Refugees and asylum-seekers, who have found protection in a particular country, should normally not move from that country in an irregular manner in order to find durable solutions elsewhere but should take advantage of durable solutions available in that country through action taken by governments and UNHCR as recommended in paragraphs (c) and (d) above;

Now he'll ask questions so that he can ignore the answers and claim its irrelevant waffle.

Where does it say this....

Please do share where they say a person from A who has found safety in county B, can subsequently choose to move to C.

....it doesn't.

It refers only to 'claimants'.

 

[motorbiking]

Where does it say this....


....it doesn't.

It refers only to 'claimants'.

claimants = People claiming asylum.

A person with links to a safe 3rd country = A person who has found safety in a safe 3rd country and then decided to upgrade to another safe country.

Would you like an example?

 

[noseall]

claimants = People claiming asylum.

Yes.
But not these people...

Please do share where they say a person from A who has found safety in county B, can subsequently choose to move to C.

Those that have not made a claim are free to go to a third country, as per...

Asylum seekers are not obliged to make their asylum claim in the first safe country they arrive in after leaving their country of origin.

 

[motorbiking]

Yes.
But not these people...


Those that have not made a claim are free to go to a third country, as per...

Asylum seekers are not obliged to make their asylum claim in the first safe country they arrive in after leaving their country of origin.

There is no requirement for you to have claimed asylum in the safe 3rd country in order for your claim to be dismissed on the grounds of having links to the safe 3rd country.
Exco is clear on that. The convention is clear on that and so is UK case law.

If you disagree you will be able to show that this right exists in the convention and our domestic law. good luck.

 

[noseall]

There is no requirement for you to have claimed asylum in the safe 3rd country in order for your claim to be dismissed on the grounds of having links to the safe 3rd country.
Exco is clear on that. The convention is clear on that and so is UK case law.

If you disagree you will be able to show that this right exists in the convention and our domestic law. good luck.

Waffle and not part of the argument. Talk about claimants all you like, it doesn't change this.....

Asylum seekers are not obliged to make their asylum claim in the first safe country they arrive in after leaving their country of origin.

Jog on.

 

[motorbiking]

Waffle and not part of the argument. Talk about claimants all you like, it doesn't change this.....




Jog on.

as predicted. Nosenout hasn't a clue.