12 Amendments of Maria WALSH related to 2019/2206(INI)
Amendment 87 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that the Dublin system places a significant burden on a minority of Member States, in particular when influxes of migrants occur; takes the view that the EU therefore needs a solidarity mechanism which makes for fair sharing of burdens and responsibility among Member States, including through relocation on the basis of objective criteria of asylum seekers who are manifestly eligible for asylum in full respect of the fundamental right to safety and protection of asylum seekers;
Amendment 129 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Member States to make use of the discretionary clause in Article 17 when exceptional circumstances so warrant, for example to relocate asylum seekers currently living in the Greek hotspots in an atmosphere of extreme tension and to provide decent reception conditions with sufficient access to physical and mental health supports;
Amendment 157 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Highlights the significant operational backing for Dublin procedures provided by the European Asylum Support Office (EASO) in the hotspots; calls on the Commission and the Member States to facilitate the work of EASO staff by allowing interviews in a language other than that of the country in which they are conductedapplicant understands; calls for the establishment of a European Asylum Agency, with sufficient financial and human resources;
Amendment 165 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Points out that the protection of fundamental rights must be at the heart of the measures taken to implement the Dublin III Regulation, including the protection of children, victims of trafficking and the most vulnerable, such as LGBTI persons;
Amendment 171 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Reiterates that the Dublin III Impact Assessment study undertaken by the EPRS notes that non-refoulement and human rights abuses are reason enough to suspend a transfer even when the destination country does not present systemic problems;
Amendment 173 #
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Notes with concern that LGBTI persons can be subjected to discrimination and violence in countries deemed ‘safe’, thus rendering their claims for asylum entirely legitimate in such circumstances; further notes that fast-track procedures and list of 'safe countries' should not unduly affect asylum claims of vulnerable groups, such as LGBTI persons; recalls that the application of fast-track procedures and lists of safe countries should be consistent with the principle of non-refoulement and fundamental rights of the most vulnerable;
Amendment 176 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to monitor compliance with the hierarchy of criteria more closely; regards it as essential to clarify the conditions for applying the family reunification criterion and to harmonise the standard of proof required; calls on the Member States and the Commission to protect the best interests of children and to clarify the criteria for keeping children in detention; by ensuring they are not subjected to detention; calls on the Members States and the Commission to clarify a ‘significant risk of absconding’ in the context of Dublin III and application of detention towards vulnerable groups; calls on the Member States to take into consideration the specific needs of LGBTI persons in detention and to ensure they benefit from protection from inhuman or degrading treatment arising from facility staff and/or other detainees; recalls that transgender persons’ right to health, namely in accessing hormonal replacement therapy, must be upheld in detention as a means to prevent their further exposure to discrimination and/or violence arising from staff and/or other detainees;
Amendment 186 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on Member States to adequately train asylum officers regarding the needs of the most vulnerable, such as LGBTI persons, and to ensure interviews are conducted in settings favourable to the full disclosure of crucial information to prove the validity of the claim; notes with concern that some LGBTI asylum-seekers may not feel initially comfortable with disclosing their sexual orientation or gender identity because of previous negative interactions with authorities in the country of origin;
Amendment 198 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that the number of transfer procedures has increased significantly, generating considerable human, material and financial costs; deplores, however, the fact that in only 11% of cases are transfers actually carried out, a further factor in the permanent overloading of asylum systems; stresses the lack of cooperation and information-sharing between Member States which actively undermines the principle of EU solidarity and directly contributes to the overburdening of systems in certain Member States; regards efforts to combat secondary movements as essential in order to reduce the number of transfer requests; proposes that the conditions which trigger transfer procedures be clarified and harmonised;
Amendment 222 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that providing asylum seekers with legal assistance in connection with Dublin procedures, in particular in the hotspots, would simplify the process of obtaining asylum and improve decision- makingis fundamental to inform applicants of their rights and obligations during the asylum process would simplify the process of obtaining asylum and improve decision-making as a legal representative can ensure that each case file is complete and accurate and contribute to reducing the rate of appeals and safeguarding the right to non- refoulement; calls on the Member States to improve the information made available to asylum seekers on the complex Dublin procedures, to ensure that it is clear and accessible to everyone;
Amendment 230 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Reminds Member States that EU legislation requires them to provide legal assistance and make representation available on request during appeal procedures; notes with concern that some specific issues at national level remain, such as remote asylum centres having limited access to alternative representatives, low financial compensation for legal assistance, lack of adequate facilities for preparatory and private interviews and legal aid not adequately provided to applicants in detention centres;
Amendment 278 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)