The state of destination can transfer an asylum seeker to the state of first entry, which the Dublin system regards as “responsible” for examining the claim for asylum. The EURODAC fingerprint database makes such transfers possible.21 Member states fingerprint asylum seekers and then cross reference the fingerprint with the EURODAC system to determine whether the person previously entered another state. Transfer is not mandatory, however. Article 3(2) of Dublin II, called the “sovereignty clause,” permits a state to maintain responsibility for an asylum claim, even if under the regulation that individual could be transferred elsewhere. In April 2008, UNHCR called on European states to utilize this sovereignty clause and not return asylum seekers to Greece.22 UNHCR was heavily critical of the Greek asylum system. It concluded that there was no meaningful assessment of an asylum seeker’s claim in Greece, saying that asylum seekers in that country “often lack the most basic entitlements, such as interpreters and legal aid, to ensure that their claims receive adequate scrutiny from the asylum authorities.”23 UNHCR raised concerns about the so-called “interrupted” procedure. Under Greek asylum law at that time,24 where an asylum seeker had commenced a claim but did not continue with it—for example, by leaving Greece for another European country—Greece could regard the claim as “interrupted” and close it without further review. Dublin returnees were unable, therefore, to renew their asylum claims after being transferred back to Greece. Thus Greece completely subverted the supposed purpose of the Dublin system: The Dublin system returned asylum seekers to Greece on the assumption that Greece was responsible for examining their claims, but Greece refused to examine their claims because they had left Greece to seek asylum in another European country. 21 Established by Council Regulation (EC) No 2725/2000 of December 11, 2000 concerning the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of the Dublin Convention; OJ, L 316, December 15, 2000 (“EURODAC”), http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32000R2725:EN:HTML (accessed September 24, 2008). Dublin II requires each member state to fingerprint all aliens who enter illegally and all asylum seekers over the age of 14. 22 UNHCR, “UNHCR Position on the Return of Asylum-Seekers to Greece under the ‘Dublin Regulation,’" April 15, 2008. 23 Ibid., para. 17. 24 Presidential Decree No. 61/1999, Refugee Status Recognition Procedure, Revocation of the Recognition and Deportation of an Alien, Entry Permission for the Members of his Family and Mode of Cooperation with the United Nations High Commissioner for Refugees; published in the Official Gazette No. 63(A) April 6, 1999. See Article 2(8) on “interrupted” claims. Stuck in a Revolving Door 24

اختر الفقرة المستهدفة3

الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات