EU Parliament - Minimum EU standards for granting refugee status

The European Parliament called today for stricter minimum standards in the EU Member States for granting or refusing refugee status. MEPs adopted over a hundred amendments to a Commission draft directive with the aim of anchoring refugees' rights more firmly and they stressed that the directive must respect the Geneva Convention at all stages. The final vote was very tight (305 in favour, 302 against and 33 abstentions) due to the opposition of the EPP-ED and UEN groups on some key amendments.

The main point at issue between the Parliament and the Council (whose position is already known as it has been agreed by national governments) is the concept of "super safe countries", by which EU states would be allowed to draw up a list of third countries which are deemed definitely safe so they can deny refugee status to all applicants from these countries. MEPs rejected this provision saying it is unfair to citizens of those countries as it does not require an individual assessment and goes against the Geneva Convention's non-refoulement principle (by which governments may not turn refugees away without hearing their case). The EPP-ED and UEN groups were the only ones to support this initiative.

Another proposal disliked by MEPs was the idea of allowing each Member State to create a national list of "safe third countries" to which it can send back a refugee if his/her country of origin is on the list and is willing to take the individual back. MEPs amended this proposal to give applicants the right to "rebut the presumption of safety". Any assessment of how serious the risk of living in the country of origin is and whether a person deserves refugee status should always be conducted on an individual basis, rather than on a general presumption concerning the country in question, say MEPs. In addition, there should be only one common EU list of "safe third countries", which could be revised by the European Parliament and the Council if necessary

Reception centres

Regarding the detention of immigrants and asylum seekers in reception centres such as one set up by the Italian government in Lampedusa (Italy), MEPs state that "in principle, Member States shall not hold asylum seekers in a closed reception centre. Alternatives to detention and non-custodial measures must always be considered before". Detentions should only be carried "if it is necessary, lawful and justified", in facilities clearly separated from prisons. The amendment which limited these detentions to a maximum period of 6 months was rejected by 333 votes in favour, 337 against and 3 abstentions.

Finally, in further amendments, MEPs say the rights of potential refugees must be fully respected at all stages of the application procedure. They must have the right to appeal if refused, and must always be allowed to stay in the Member State until the appeal procedure ends. Applicants should also be entitled to request a personal interview with the authorities, to be legally represented and to receive full information about the procedure in a language they understand. Cases of "inadmissible applications" can be evaluated by a Member State only in accordance with the Geneva Convention. When dealing with refugees, the rights of children under 18 - even if married - must always take priority.

As this legislation comes under the consultation procedure, Parliament's amendments are not binding on the Council. However, once this legislation is adopted Parliament will have co-decision powers with the Council on refugee and asylum measures.

| Arriba |

• European Commission pays tribute to courage of refugees on World Refugee Day (20/6/2005)