Under Brexit transition rules, until 1 January 2021 the UK is still a signatory to the Dublin 3 regulation setting out how the movement of potential asylum seekers between states in the EU system is handled. Analysis needs to anchor on legal frameworks
https://www.gov.uk/government/publications/dublin-iii-regulation https://twitter.com/joncstone/status/1292222737004494855
In effect the legitimacy of the rhetoric and policy deployed by the UK government will fall apart once agreements with the rest of the EU system fall away handling the status and application procedures of potential asylum seekers
Because of its refusal to entertain any role for the EU legal system, after 1 January 2021 the British state will lose access to EU databases that enable it to determine whether an applicant for asylum has already been processed by any state neighbouring the UK.
Without access to Eurodac databases and without structured agreements with the EU that align the UK with how the EU border system is handled, the UK will find it much more difficult to deport migrants that have crossed the Channel to EU states not willing to take them in either
If the UK cannot negotiate agreements with EU states to provide data about where asylum seekers may previously have been processed and cannot get EU states to take back asylum seekers, it faces the choice between taking migrants and refugees in or refusing to rescue them at sea
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