the UK remains on until the Brexit part of the common asylum policy of the European Union. Already in 2017, provided the exit request from the United Kingdom have no influence on this, reiterated the European court of justice on Wednesday in Luxembourg. All of the EU rules remained until the completion of the withdrawal. (Case C-661/17)
the Background is a dispute between Ireland and the UK for two asylum seekers and their child. The two had studied in the UK. As their visas expired, they applied in Ireland for asylum. The Irish authorities were in accordance with the so-called Dublin III regulation – the distribution of the EU rules for applications for asylum – the UK is competent to do so. The Affected argued that because of the planned Brexits Ireland would have to examine the applications themselves.
The High court of Ireland asked the ECJ a preliminary clarification of the effects of the Brexit process on the asylum system. The judges in Luxembourg recalled the earlier case-law, according to which the British application to the actual EU exit no influence on the application of EU law.
Ireland but it could take according to the judgment, a discretion clause in the Dublin III regulation, the asylum procedures for the family itself. The clause would allow, without preconditions, to each state, to consider political, humanitarian or practical considerations, an application for international protection, even if he is, according to the regulation, actually, is not responsible.