Section 17 of the European Union (Withdrawal) Act 2018 requires the government to negotiate an agreement with the EU allowing unaccompanied children to apply for asylum in the EU to join family members legally residing in the UK if it is in their best interest. This obligation applies whether we leave the EU with or without an agreement. The implementation of transfers puts in place an agreement and we strive to negotiate such an agreement as quickly as possible. They continue to apply to the UK during the transitional period of the Withdrawal Agreement, as part of the continued application of most EU legislation in the UK during this period, but this will end at the end of the year. The Dublin Regulation defines the Member State responsible for examining the asylum application. The criteria for determining jurisdiction are defined in a hierarchical order ranging from family considerations to the recent possession of a visa or residence permit in a Member State, to the question of whether the applicant has entered the EU illegally or lawfully. A.S.: The Dublin rules apply to all asylum seekers. It is said that once in a country, one can apply for asylum. If you move to another country, you may be returned to the country that refused your application. However, these contracts do not cover the position of persons who arrive on British territory and apply for asylum there. One of the main objectives of the Dublin Regulation is to prevent an applicant from submitting applications in more than one Member State. Another objective is to reduce the number of asylum seekers “in orbit” transferred from one Member State to another.

[13] The country in which the claimant first claims asylum is responsible for accepting or rejecting the claim and the claimant cannot resume the procedure in another jurisdiction. [14] It then entrusts jurisdiction to the state in which the asylum seeker stays for more than five months. The latter criterion would be particularly relevant for crossing borders between France and the UK – but the law requires the UK to prove this period of prior stay, which can be difficult. Coming to Britain only from France is not enough. In 2019, European Union (EU) Member States sent 142,494 requests for delegation of competence for the examination of an asylum application and effectively implemented 23,737 outgoing transfers to other Member States. [32] Also note that the suspension (of the six-month period) is in itself extremely problematic and that some courts have ruled it illegal, as there is no basis in EU legislation for a suspension due to a pandemic. . . .