My Lords, as the Minister said, the order adds Switzerland to the list of safe third countries to which an asylum seeker can be removed from the UK without substantive consideration of the merits of his or her asylum claim. One effect is that there is no scope to contest removal to the third country on refugee convention grounds either before or after removal from the UK.
The Secretary of State has said that she is satisfied that removing asylum seekers to Switzerland will not be in breach of the European Convention on Human Rights and that any asylum seeker returned to Switzerland will be afforded the rights and benefits accorded to all asylum seekers under its domestic law. Paragraph 8.1 of the Explanatory Memorandum refers to: "““Extensive research into the treatment of asylum seekers in Switzerland””,"
having been, "““carried out using objective material and information provided by the Swiss authorities””."
Can the Minister say a little more about what that objective material was? From what is said in the Explanatory Memorandum, one takes it that it is independent material, but it would be helpful if the Minister could say a little more on that score.
The list of safe third countries includes, as the Minister said, all member states of the European Union and states in the European economic area. The Explanatory Memorandum also states that since December 2008 eight asylum seekers have been removed to Switzerland. Can the Minister tell us in general terms something about the eight cases? Did the people involved seek to contest the decision to remove them? Have there been any cases of decisions to remove to Switzerland being successfully contested and, if so, on what grounds did they succeed? On what general grounds or basis was Switzerland considered in these cases to be the appropriate country in respect of those eight asylum seekers? Was it, as the Minister said in his introductory comments, that Switzerland was the first country entered? With the introduction of this order, is there expected to be an increase in the number of asylum seekers being removed to Switzerland if the process is simplified?
Paragraphs 10.2 and 12.1 of the Explanatory Memorandum state that adding Switzerland to the safe third country list and its associated procedures will reduce the scope for errors. What kinds of errors are referred to in these two paragraphs?
This does not appear to be a contentious order but, finally, there is a reference in paragraph 12.2 of the Explanatory Memorandum to the instrument being, "““subjected to internal review within the UK Border Agency to ensure that it has met that aim””."
When that internal review has been undertaken, will the results be made public?
Asylum (First List of Safe Countries) (Amendment) Order 2010
Proceeding contribution from
Lord Rosser
(Labour)
in the House of Lords on Monday, 8 November 2010.
It occurred during Debates on delegated legislation on Asylum (First List of Safe Countries) (Amendment) Order 2010.
Type
Proceeding contribution
Reference
722 c19-20GC 
Session
2010-12
Chamber / Committee
House of Lords Grand Committee
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Timestamp
2023-12-15 21:21:35 +0000
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