ASYLUM SEEKERS

1999 Immigration and Asylum Seekers Acts on the social welfare

[Name of the Institute]

1999 Immigration and Asylum Seekers Acts on the social welfare

Introduction

In the mid-70s, all European countries have put an end to economic migration from outside the community. Now legal immigration does more than a few categories of people: students, trainees, individuals with outstanding professional qualifications, and especially - in the context of what commonly called the family - family members a stranger regularly installed. Under these conditions, which does not relate to these categories, the asylum became the last legal means of access (Joint Committee on Human Rights 2007, pp. 30-51). Almost all European countries have changed in recent years in order to limit the number of claims and to prevent any deflection. Except the special provisions applicable to nationals of Member States of the Union, immigration in Europe is mainly due to family reunification, asylum applications and unlawful entry.

The principle of first asylum countries

This principle, which is a crucial component of the Convention implementing the Schengen Agreement, establishes the responsibility of one of the States Parties to the Convention for the review of applications. Therefore, applicants may be returned to the country where they first arrived. All countries under review therefore, reject requests consideration of which, under this principle, they do not return (Hughes 1999, pp. 8-69). Belgian and Spanish laws and the Italian draft law, return to this general principle: they explicitly exclude consideration of which requests under the jurisdiction of another State under international agreements between them.

The immediate expulsion of asylum seekers

Unsuccessful applicants, or because their application was considered inadmissible, either because they were denied asylum at the end of the normal process of review, must immediately leave the country. When the expulsion decision is secondary to the inadmissibility of the request, it must be executed very quickly, within less than a week in general. In addition, appeals against such decisions, when possible, are often not suspense (Stewart 2001, pp. 56-91). When files examined to the bottom in the normal and ultimately rejected, the period in which the plaintiff rejected to leave the country is longer. German and Dutch laws offer the longest delays: one month.

In all countries, the applicant may file an appeal against the rejection decision. However, in Spain, the appeal has no suspense effect. It is the same in the Netherlands where the action is in principle not stay, unless the rejection does not expressly stated. Not to be expelled, dismissed the plaintiff may, however, make an application for an interim measure. Similarly, the Italian draft law provides that the unsuccessful claimant may seize the Regional Administrative Court and request a permit for "reasons of justice" because the appeal to the administrative court has no suspense effect.

United Kingdom

The entry and residence of foreigners in the UK are governed by the Immigration Act of 1971 and 1999, and the Immigration Act 1988, amended since their adoption. The 1988 Act deals primarily with the immigration control. A 1987 law, the Immigration (Carriers' Liability) Act, establishes ...