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Written question asked by Neil Gerrard (Labour) on Thursday, 17 June 2004, in the House of Commons. It was due for an answer on Thursday, 24 June 2004. It was answered by Lord Browne of Ladyton (Labour) on Thursday, 24 June 2004 on behalf of the Home Office.


Home Office

Question
To ask the Secretary of State for the Home Department, what assessment he has made of the rule 39 order made by the European Court of Human Rights to suspend removals from the Netherlands to Somalia pending determination of a challenge to such removals in application 15243/04; and if he will review his decision to commence removals of failed asylum seekers to Somalia.
Answer

Mr. Gerrard: To ask the Secretary of State for the Home Department what assessment he has made of the rule 39 order made by the European Court of Human Rights to suspend removals from the Netherlands to Somalia pending determination of a challenge to such removals in application 15243/04; and if he will review his decision to commence removals of failed asylum seekers to Somalia. [179910] Mr. Browne: The interim order made by the European Court of Human Rights to the Dutch Government under rule 39 applied only to the applicant in that specific case. The interim order means that the applicant cannot be removed to Somalia before the European Court of Human Rights has given a decision on the applicant's case. As with applications from all nationalities, each asylum (and human rights) claim made by someone from Somalia is considered by the Home Office on its individual merits, in accordance with our obligations under the 1951 UN Refugee Convention and the European Convention on Human Rights (ECHR). Individual asylum seekers found by both the Home Office and the Independent Appellate Authority, not to be at risk of persecution and not in need of humanitarian protection are considered for removal on a case-by-case basis. The Home Office will not return vulnerable groups and will only enforce the return of those Somalis it is satisfied are not in need of protection.


Secondary information

Type
Written question
Reference
422 c1523W; 179910
Session
2003-04
Subjects
Asylum Deportation Human rights European Court of Human Rights Netherlands Somalia Refugees
Link
View this Written question on www.publications.parliament.uk