Select Committee on European Union Forty-Ninth Report

ASYLUM (13596/02 ASILE 58 AND 13915/0 ASILE 62)

Letter from Lord Grenfell, Chairman of the Committee, to Lord Filkin CBE, Parliamentary Under-Secretary of State, Home Office

  Thank you for your Explanatory Memorandum of 15 November covering two recent texts of the proposed Dublin II Regulation. Sub-Committee E (Law and Institutions) examined these documents at its meeting on 25 November. The Committee was grateful for the detailed explanation of the changes given in your Explanatory Memorandum.

  You may recall that it was one of the recommendations of our Report on the Regulation (Asylum Applications — Who Decides?, 19th Report, Session 2001-02) that appeals against transfer decisions should, at the discretion of the national judge, have suspensory effect. We note that the text of Article 20 would permit the UK in implementing the detail of the Regulation to adopt that approach. We would be interested to know how many, and which, other Member States could permit their courts to suspend the implementation of a transfer decision. It would also be helpful to have clarification as to how the Government would implement Article 20 in the UK. Can you please confirm that an appeal will suspend the transfer if the Court so orders?

  The Committee decided to retain the documents under scrutiny. We look forward to receiving the information requested above.

26 November 2002

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