Brussels urged to enforce English court asylum benefits ruling

12.00.00am GMT Fri 21st Feb 2003

The EU Council and Commission are being urged to ensure that all Member States, when implementing the new European Directive on refugee support agreed late last year, follow the ruling in the UK yesterday that making asylum seekers destitute by denying them food and shelter is a breach of the European Convention of Human Rights.

The English High Court blocked the UK Government's new policy of denying welfare benefits automatically to asylum seekers who make delayed claims (claims which are not 'as soon as reasonably practical'). The court said it was a breach of human rights and a breach of the ban on 'inhumane and degrading treatment'.

Baroness Sarah Ludford MEP, European Liberal group spokeswoman on justice and home affairs in the European Parliament, has challenged the EU bodies to oblige Member States to follow the guidance in this judgement. She argues that similar words appear in the EU Directive and there needs to be uniform interpretation of EU law and the ECHR:

"The English court's ruling recognises that asylum seekers are often bewildered and unaware of the legal systems in the country they have arrived in. This is true generally, so EU law should forbid any EU state withholding assistance without a chance for the applicant to explain a delay."

"The British government tried to export its domestic agenda by getting last-minute amendments to the Directive reflecting its mean approach. Now that it has been found in breach of human rights, its attempts to drive down standards across Europe should also be blocked."