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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10624
Experience:  Barrister 17 years experience
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My friend tried to come to the UK as a refugee. He went to

Resolved Question:

My friend tried to come to the UK as a refugee. He went to Spain from Syria before he flight to the UK and he has been finger printed as he caught in the airport. He than flight to the UK and requested to be a refugee. He has been moved to a removal centre near Heathrow airport . Now they saying they found his finger print in the Spain and want to deport him there. Is there a way to keep him in the UK? Please advice
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
It is a she not he. Sorry typing error
Expert:  Buachaill replied 1 year ago.
1. It is a fundamental rule of refugee law that a refugee must claim asylum in the first state in which they land. So a refugee like your friend who has first entered Spain cannot then seek to claim asylum in the UK when they get there subsequently. So I regret to say that your friend will have to return to Spain and seek refugee status there. Otherwise she may be deported from the UK TO SOME third country where she will still not be able to claim refugee status as she can now only claim refugee status under International law in Spain. So she will face the same problem as she faces in the UK IF SHE seeks to apply for refugee status in some other country, eg Sweden for instance.
Expert:  Buachaill replied 1 year ago.
2. At this stage I would simply suggest she goes to Spain and claims asylum there. Otherwise she simply faces the same impediment should she go to any other country and seek refugee status there. So she should get refugee status in Spain and then use the freedom of movement provisions of the EU treaty to subsequently move to the UK TO LIVE there.
Expert:  Buachaill replied 1 year ago.
3. However, at the moment your friend runs the risk of being deported to some third country where she will have to fend for herself. So I would suggest she would be better off making arrangements for living in Spain where she can get help. And refugee status.
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