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EU ministers to curb ‘fake asylum seekers'

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Published 25 October 2012, updated 26 October 2012

A two-day meeting of EU justice and home affairs ministers beginning today (25 October) in Luxembourg is set to “expedite” a safeguard clause, allowing visas to be re-introduced for Western Balkan citizens who abuse the asylum system of EU countries.

The interior ministers of Austria, Belgium, France, Germany, Luxembourg and the Netherlands recently wrote a letter to the European Commission complaining about fake asylum-seekers from the Western Balkans.

Putting in place a safeguard clause would allow EU countries to curb the abuse by reintroducing visas for the nationals of the countries concerned.

The Schengen member states lifted visa requirements for the nationals of Western Balkan countries in 2009, except for Kosovo (see background). Since then, several EU member states have seen waves of asylum applicants at their borders, mainly ethnic Roma and Albanians.

These people are often referred to as “fake asylum-seekers”, as they are perfectly aware that they will not be granted asylum but nevertheless take advantage of the assessment period for their applications during which they are provided with free accommodation and some pocket money.

The European Commission is expected to present its third report since visas were lifted. According to sources from the Cypriot EU presidency, the Commission report confirms the increased number of fake asylum-seekers.

“It is high time to re-visit this file,” a diplomat said.

The UK, which is not a Schengen member and has not opened its borders to travellers from the Western Balkan, says that it has been affected since the Schengen countries removed the visa requirement.

Asked by EurActiv to comment on the situation, a Home Office spokesperson said: "At the Home Secretary's request, we will examine the scope and consequences of the free movement of people across the EU … We have raised consistently the problem of the abuse of free movement at meetings of the Council of Ministers, and we are working with other European member states to curb that abuse."

A diplomatic source said that the Cypriot EU presidency would need to see with the Commission how the safeguard can be put in place.

“The developments are putting pressure on us to expedite the temporary suspension mechanism,” the diplomat added.

Bad news for Bulgaria, Romania

Another issue at the ministerial meeting is the “state of play” on Bulgaria and Romania's compliance with Schengen legislation. The two EU newcomers have been prevented from joining Schengen in spite of the Commission’s assessment of their readiness for two years now.

Although no decision is expected, the Cypriot source said that “more than one country” opposed their bid.

The Netherlands has requested two positive reports under the so-called Cooperation and Verification Mechanism (CVM) set up in January 2007 to help Bulgaria and Romania adapt to EU standards.

The last reports were largely seen as disastrous

Positions: 

MEP Cornelia Ernst from the European United Left/Nordic Green Left commented:

"In a letter sent to the Council at the beginning of October five Member States - including Germany and France - demanded the reintroduction of visa requirements for citizens from several western Balkan countries."

I urge ministers, in their debate on this today in Luxembourg, to take into account that 30,000 asylum applicants this year from these countries certainly does not constitute a "mass influx" - quite the opposite. Secondly, by far most of the applicants are Roma who are discriminated against on a daily basis in their home countries and make up the poorest part of their respective societies. Third, the reintroduction of visa obligations in fact only helps organised crime by providing business opportunities for traffickers and forgers," Ernst added

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COMMENTS

  • hello , i have seen you point of view of the eu problem with the fake asylum seekers , and the all eu countries have the right to complain about the problem ,, i am an albanian citizen and no one of i know as gone to ask in an eu countries for fake asylum seekers.. and i think an albanian citizen or nay alther balkan countries citizen that the ask for fake asylum seekers the should be deported..because any albanian or other countries they don't have the need to ask for asylum seekers ,, and the albanian goverment and the police boreder the are doing so much to give the peopel the information that the are no allowed to ask for asylum seekers...but the are people criminals that the lie to them to go to eu and making the faik papers the albanian police are doing the best to get those people that they make fake papers and the eu should not give up on the balkans country like this..it is simple every balkan citizen the hull id car or biometric passport so that means if the break the time of 3 months of stey then bend the for long time not to enter eu countrys ...i think and so many people think the should not close the balkan like in prison again we need freedom,, the break the low send them beak to the country or deport them bend the for entryn in eu countrys ...thank you ,, albert from albania shkodra only giving my opinion

    By :
    Albert
    - Posted on :
    25/10/2012
  • Can a fake asylum seeker have a decision reversed once he has been given entitlement to stay?

    There are people who come the EU countries seeking a better opportunity under false statements and claiming asylum when there was no real threat or danger to them or their families.

    Once they have been given permission to stay and new evidence arises can the file of the scam asylum seeker be opened again and the decision overturned.

    By :
    Mr Justice
    - Posted on :
    29/10/2012
  • Mr Justice hello , is onething i don't undeerstend why the eu police of belgium or ather countrys don't work with the albanian police or macedoni oer seribian , so all of them woreiking together then it will be no more of fake aslyim sekars ,, sorry baout my english i am albanian and is not my first language..

    By :
    Albert
    - Posted on :
    29/10/2012
  • The opposition said the issue could only be resolved in the longterm through economic development and employment so that the vulnerable and often marginalized groups could find conditions for survival in Serbia.

    Noting that fake asylum seekers are mostly Roma and Albanians from southern Serbia, Riza Halimi, an MP from the Albanian Coalition of Preševo Valley, said that the bill was an attempt to bring order into a chaotic situation but than in the longterm, the problem could only be resolved through economic development of these regions.
    asylum lawyer

    By :
    asylum lawyer
    - Posted on :
    05/12/2012
  • I am a immigration lawyer in U.S so i know there are so many fake asylum seekers these days .They tell lie and try to fool the immigration departments for getting the benefits and for a better life style because of them the people you relay deserve asylum can't get it some time.So yes governments should take some action against these kind of people and try to make our immigration laws more better.so that the people who really deserve asylum can get the benefit of it.

    By :
    asylum lawyer
    - Posted on :
    10/12/2012
Background: 

The European Commission decided on 16 July 2009 that citizens of Macedonia, Montenegro and Serbia should be able to travel to the Schengen area without visas starting from 19 December 2009.

On 8 November 2010 the EU lifted visa requirements for citizens from Albania and Bosnia and Herzegovina. However, an unprecedented monitoring mechanism has been set up which could reintroduce visas for several Western Balkan countries should difficulties arise.

Several EU countries were affected negatively by the visa liberalisation policy. In particular, a wave of asylum-seekers from Macedonia and Serbia, mainly of Roma or Albanian ethnicity, hit Sweden, Belgium and Germany.

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