Asylum Seekers can now be detained under EU Law for National Security and Public Order infringement.

Snap 2016-02-22 at 17.01.34

International Law in Brief

Court of Justice of the European Union Rules Asylum Seeker May be Detained for National Security or Public Order Reasons (February 15, 2016)

By: Catherina Valenzuela-Bock | February 19, 2016 – 2:14pm

On February 15, 2016, the Court of Justice of the European Union (Court) ruled (judgment not available in English) that EU law allows an asylum seeker to be detained for national security or public order reasons. According to thepress release, J.N. had first applied for asylum in the Netherlands in 1995, and had continued to submit applications after he had been denied asylum and received an entry ban following twenty-one convictions and several prison sentences. The Dutch court sought a preliminary ruling to determine whether “an asylum seeker may be detained when the protection of national security or public order so requires.” The Court found that “the detention measure . . . genuinely meets an objective of general interest recognised by the EU,” noting that “the protection of national security and public order also contributes to the protection of the rights and freedoms of others.” The Court noted that a “fair balance” must be struck between the “asylum seeker’s right to liberty and the requirements relating to the protection of national security and public order.” It ruled that member states are obliged to carry out the provisions of the Return Directive, stressing that they “must not jeopardise the attainment of the objective pursued by the Return Directive, namely the establishment of an effective policy of removal and repatriation of illegally staying third-country nationals.”

Although, technically, the British Government has had the right to deport Migrants for National Security or Public Order reasons, it has chosen not to do so. Worse, the migrants have had their appeals against being deported upheld by the European Courts on ‘Human Rights’ grounds.

The 1951 Geneva Convention on the Status of Refugees has placed responsibility for Refugees onto host Nations.  But, the Convention also places responsibilites on the Refugee as to his conduct within that host Nation.  Article 2 of the Convention reads as follows:

Article 2

general obligations

Every refugee has duties to the country in which he finds himself, which require in particular that he conform to its laws and regulations as well as to measures taken for the maintenance of public order

This new ruling goes a long way to clarifying the situation under EU Law and we may see a diminution of the sort of scenario that we have been used to of Fundamentalist Agitators stirring up trouble with other migrants in this Country with impunity.  All it needs is the will of the Government to do their duty for our protection by implementing this Law when necessary.


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