Asked by: Catherine McKinnell (Labour - Newcastle upon Tyne North)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what progress has been made toward securing the future of family reunion routes in negotiations with the EU; and whether the UK will continue to apply the Dublin III Regulation if the UK leaves the EU without a deal.
Answered by Brandon Lewis
If the UK leaves the EU with a deal we will continue to participate in the Dublin III Regulation, under which unaccompanied asylum-seeking children in the EU currently reunite with family members in other EU Member States, during the implementation period.
The UK would cease participating in the Dublin III Regulation immediately if we were to leave the EU without a deal. However, the Immigration, Nationality and Asylum (EU Exit) Regulations 2019 makes a ‘saving’ such that any Dublin family reunion cases which have entered the system prior to exit day will continue to be processed in a no deal situation.
We want a close future partnership to tackle the shared challenges on asylum and illegal migration. Section 17 of the European Union (Withdrawal) Act 2018 commits the Government to seek to negotiate an agreement with the EU which allows for unaccompanied asylum-seeking children in the EU to join family members lawfully present in the UK, where it is in their best interests. This commitment stands whether we leave the EU with or without a deal. Effecting transfers relies on an agreement being in place and we endeavour to negotiate such an agreement as soon as possible.
In either a deal or no deal scenario, children will still be able to apply to join family members in the UK who benefit from international protection under the UK’s refugee family reunion provisions under the Immigration Rules.
Asked by: Afzal Khan (Labour - Manchester, Gorton)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what assessment her Department has made of the effect of the UK leaving the EU on families who are eligible to be reunited under the provisions of the Dublin III Regulation.
Answered by Brandon Lewis
In a no-deal scenario, the UK would immediately cease participating in the Dublin III Regulation. However, under the Immigration, Nationality and Asylum (EU Exit) Regulations 2019 there is a ‘savings’ provision, where any Dublin family reunion cases, which have entered the system prior to exit day, will continue to be processed. The UK is also committed, under section 17 of the European Union (Withdrawal) Act 2018, to seek to negotiate an agreement with the EU which allows for unaccompanied asylum-seeking children in the EU to join family members lawfully present in the UK, where it is in their best interests. This commitment stands whether we leave the EU with or without a deal.
The UK provides a safe and legal route to bring families of refugees together through its refugee family reunion policy. This allows a partner and children under 18 of those granted protection in the UK to join them here, if they formed part of the family unit before the sponsor fled their country. This route will not be affected by EU Exit.
Appendix FM to the Immigration Rules provides for family members wishing to enter or remain in the UK on the basis of their relationship with a family member who is a British citizen or settled in the UK, and those who are post-flight family of a person granted protection in the UK. This route will also not be affected by EU Exit.
Asked by: Afzal Khan (Labour - Manchester, Gorton)
Question to the Home Office:
To ask the Secretary of State for the Home Department, if she will bring forward legislative proposals to protect the rights of families to reunite under the Dublin Regulation in the event that the UK leaves the EU without a withdrawal agreement.
Answered by Brandon Lewis
In a no-deal scenario, the UK would immediately cease participating in the Dublin III Regulation. However, under the Immigration, Nationality and Asylum (EU Exit) Regulations 2019 there is a ‘savings’ provision, where any Dublin family reunion cases, which have entered the system prior to exit day, will continue to be processed. The UK is also committed, under section 17 of the European Union (Withdrawal) Act 2018, to seek to negotiate an agreement with the EU which allows for unaccompanied asylum-seeking children in the EU to join family members lawfully present in the UK, where it is in their best interests. This commitment stands whether we leave the EU with or without a deal.
The UK provides a safe and legal route to bring families of refugees together through its refugee family reunion policy. This allows a partner and children under 18 of those granted protection in the UK to join them here, if they formed part of the family unit before the sponsor fled their country. This route will not be affected by EU Exit.
Appendix FM to the Immigration Rules provides for family members wishing to enter or remain in the UK on the basis of their relationship with a family member who is a British citizen or settled in the UK, and those who are post-flight family of a person granted protection in the UK. This route will also not be affected by EU Exit.
Asked by: Afzal Khan (Labour - Manchester, Gorton)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what steps she is taking to ensure that the ability of refugees and people seeking asylum to reunite with family members in the UK under the Dublin III Regulation will be safeguarded in the event that the UK leaves the EU without a withdrawal agreement.
Answered by Brandon Lewis
In a no-deal scenario, the UK would immediately cease participating in the Dublin III Regulation. However, under the Immigration, Nationality and Asylum (EU Exit) Regulations 2019 there is a ‘savings’ provision, where any Dublin family reunion cases, which have entered the system prior to exit day, will continue to be processed. The UK is also committed, under section 17 of the European Union (Withdrawal) Act 2018, to seek to negotiate an agreement with the EU which allows for unaccompanied asylum-seeking children in the EU to join family members lawfully present in the UK, where it is in their best interests. This commitment stands whether we leave the EU with or without a deal.
The UK provides a safe and legal route to bring families of refugees together through its refugee family reunion policy. This allows a partner and children under 18 of those granted protection in the UK to join them here, if they formed part of the family unit before the sponsor fled their country. This route will not be affected by EU Exit.
Appendix FM to the Immigration Rules provides for family members wishing to enter or remain in the UK on the basis of their relationship with a family member who is a British citizen or settled in the UK, and those who are post-flight family of a person granted protection in the UK. This route will also not be affected by EU Exit.
Asked by: Ross Thomson (Conservative - Aberdeen South)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many people have been deported to countries with which the UK holds a Memorandum of Understanding since 2013.
Answered by Caroline Nokes
The Home Office does not separately record returns by the arrangements that support them including Memoranda of Understanding (MOU), with foreign countries and as such the information requested could only be obtained at disproportionate cost
The UK has a range of returns arrangements with receiving countries including bilateral MOU, EU Readmission Agreements, formal readmission agreements and informal operational arrangements which provide the basis for administrative removal and deportation. There are also formal returns arrangements for third-country nationals to other European countries through the Dublin Regulations.
The latest published statistics for the number of returns to individual countries is available from the GOV.uk website at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/803187/returns5-mar-2019-tables.ods
Asked by: Jessica Morden (Labour - Newport East)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many cases remain outstanding in the Third Country Unit in her Department.
Answered by Caroline Nokes
The Home Office is unable to report on how many cases remain outstanding, average length of time and current longest time for cases awaiting consideration by the Third Country Unit as this information is not held electronically in a reportable format.
Asked by: Jessica Morden (Labour - Newport East)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what the (a) average length of time and (b) current longest time is for cases awaiting consideration by the Third Country Unit
Answered by Caroline Nokes
The Home Office is unable to report on how many cases remain outstanding, average length of time and current longest time for cases awaiting consideration by the Third Country Unit as this information is not held electronically in a reportable format.
Asked by: Baroness Lister of Burtersett (Labour - Life peer)
Question to the Home Office:
To ask Her Majesty's Government what consideration they have given to amending the saving provisions in Part 3 of the Immigration, Nationality and Asylum (EU Exit) Regulations 2019 so that the cut-off date for take charge requests under the Dublin III regulation is based on the date that the connected asylum claim was made rather than the date that the request was received.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The saving provisions in Part 3 of the Immigration, Nationality and Asylum (EU Exit) Regulations 2019 sets out that, should the UK leave the EU with no deal, all Dublin III Regulations take charge requests relating to family reunification that were made before we exited the EU, but are still pending resolution, will continue to be considered under the existing provisions. This provides certainty for all those in the Dublin system that the UK will continue to process their claims to be transferred here to have their asylum claim assessed.
Given that the UK will not be a part of the Dublin III Regulations following exit from the EU in the event that no deal is secured, we will need to rely on the cooperation of other Member States in order to fulfil this commitment. The UK cannot, through domestic law, create commitments for Member States in respect of individuals who are in their territories and who claim asylum.
Asked by: Lord Dodds of Duncairn (Democratic Unionist Party - Life peer)
Question to the Department for Transport:
To ask the Secretary of State for Transport, if he will list the EU regulations or directives which underpin the operation of (a) Eurotunnel services and (b) the cross-border train service between Belfast and Dublin.
Answered by Lord Johnson of Marylebone
EU legislation provides the regulatory framework for cross-border rail services, including the Belfast-Dublin Enterprise service. This makes provision for market access rights; safety and interoperability requirements; train driver licensing; as well as the rights of passengers and cross-border rail workers. On 27 November the Department for Exiting the European Union provided analysis covering 58 sectors of the economy to the House of Commons Committee on Exiting the EU and the House of Lords European Union Committee. The rail sectoral report included a full analysis of the current EU rail regulatory regime and is available at: https://www.parliament.uk/documents/commons-committees/Exiting-the-European-Union/17-19/Sectoral%20Analyses/29-Rail-Report.pdf.
In addition, a series of bilateral or multilateral international agreements, including the Treaty of Canterbury, the Concession Agreement and the Rail Usage Contract, provide the legal framework which underpins the operation of the Channel Tunnel Fixed Link and Eurotunnel’s services.
The cross-border rail services that link us with the EU, both through the Channel Tunnel and on the island of Ireland, have greatly benefited citizens and businesses in both the UK and the EU. It is in our mutual interests to ensure these services continue to be a success.
Asked by: Kate Green (Labour - Stretford and Urmston)
Question to the Home Office:
To ask the Secretary of State for the Home Department, if she will ensure that rights for child refugees under the Dublin III regulations are maintained after the UK leaves the EU; and if she will make a statement.
Answered by Caroline Nokes
The Dublin Regulation is a mechanism for participating states to determine responsibility for asylum seekers, not children with refugee status. We fully intend that the Dublin III arrangements, like the rest of the asylum acquis, will continue to apply during the transition period. The Dublin III Regulation is an EU reciprocal agreement which requires agreement by both sides, and cannot be replicated unilaterally. We expect co-operation on asylum and migration to continue with our European allies after the UK leaves the EU, the exact nature and scope of this cooperation will be a matter for the negotiations.
Whilst we remain bound by it, we remain committed to the efficient and effective operation of the Dublin Regulation for all asylum seekers, including children. Our efforts are clear, for example the Sandhurst Treaty, signed between the UK and France on 18 January 2018, announced a number of further measures to support unaccompanied asylum seeking and refugee children.