The Dublin Regulation: Is the End Nigh? Where should unaccompanied children apply for asylum?

Two recent developments have raised controversy as regards the EU’s Dublin III Regulation, the set of rules which determines in which Member State asylum-seekers must make their asylum application. First of all, a British judgment on the 20 January 2016 stated that the UK was responsible for the asylum claims by unaccompanied children in France (in particular the Calais ‘Jungle’), who have a family member in the UK.

Secondly, a press report in January 2016 indicated that the European Commission was planning to propose in the spring of 2016 a fundamental overhaul of the Dublin rules in the near future.

Both developments have alarmed some commentators, but thrilled others. Steve Peers examines the legal and political context of each of developments in turn.

• Primary Source

ESO: Information Guide: European Migration Challenges http://www.europeansources.info/record/information-guide-european-migration-challenges/

ESO: Background information: Unaccompanied Migrant Children In The EU http://www.europeansources.info/record/unaccompanied-migrant-children-in-the-eu/

ESO: Background information: Why the jury is out on the Commission’s latest proposal for a ‘distribution key’ to help solve the refugee crisis http://www.europeansources.info/record/why-the-jury-is-out-on-the-commissions-latest-proposal-for-a-distribution-key-to-help-solve-the-refugee-crisis/

ESO: Background information: Final days of the EU’s refugee strategy http://www.europeansources.info/record/final-days-of-the-eus-refugee-strategy/

The Guardian, 20.01.16: Four Syrian refugees must be brought from Calais camp to Britain, judges rule http://www.theguardian.com/uk-news/2016/jan/20/four-syrian-refugees-must-brought-calais-camp-britain-judges-rule

Refugee Council: News, 20.01.16: Court orders Calais children to be brought to UK http://www.refugeecouncil.org.uk/latest/news/4530_court_orders_calais_children_to_be_brought_to_uk

BBC News, 22.01.16: Syria refugees from Calais arrive in UK after legal ruling http://www.bbc.co.uk/news/uk-35379110

ECFR: Commentary, 09.02.16: The law of the 'Jungle' http://www.ecfr.eu/article/commentary_the_law_of_the_jungle5096

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