Migrant Crossings

Andrew Mitchell Excerpts

Monday 7th January 2019 Commons Chamber

[Sajid Javid]

Let me be clear with the right hon. Lady. I am not saying that at all. What I am saying is—[Interruption.] I am not saying that, and I will clarify. Every claim of course will be assessed on its own merits, but the point I am making is about the first safe country principle, which is well established. I mentioned in response to the shadow Home Secretary a number of international agreements. The concept has now been accepted by the UNHCR, and it is even in European rules, which apply to us through the common European asylum system. The principle is well established in the qualification directive and the asylum procedures directive, which are backed up by the Dublin regulation.

For example, articles 25 and 26 of the 2005 asylum procedures directive cover the principles of first safe country and inadmissibility of claims where people have travelled through safe countries. Indeed, the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, which is domestic legislation, clearly sets out that failure

“to take advantage of a reasonable opportunity”

to claim asylum in a safe country shall be taken into account in assessing an individual’s credibility. That is an Act that the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) voted for.

[Mr Andrew Mitchell (Sutton Coldfield) (Con)]

The heart-rending plight of those caught out in the channel, often having placed themselves in the hands of the modern-day equivalent of the slave trader, rightly worries us all, but surely the Home Secretary is right that, inevitably, nearly all of them will not be correctly classified as asylum seekers under the Dublin convention. Is it not clear that the closest possible co-operation with the French is required to ensure that these poor people do not end up on the high seas?

[Sajid Javid]

My right hon. Friend makes a number of good points, particularly on co-operation with the French. Thankfully, during the course of the last year in particular, we have had very good co-operation with the French, much of which was codified in the Sandhurst treaty. We are seeing good co-operation on this situation, including the announcement the French made on Friday. However, he is absolutely right that the more we can work with the French to stop these crossings in the first place, the better protection these people will have from the dangerous journey.