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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