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In an eagerly awaited ruling judges at the ECJ confirmed that Austria and Slovenia can send migrants back to Croatia to have their asylum cases determined there instead.

The case came before the court after Croatian authorities infuriated their neighbours at the height of the 2015 crisis by laying on state-funded transport to help migrants cross their territory.

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Officials in Zagreb had argued that they were dealing with an unprecedented situation as hundreds of thousands of migrants moved northwards towards Germany, and that this exempted them from the need to process visas.

But Austria and Slovenia, where some of the asylum seekers ended up, brought legal proceedings saying that Croatia had a duty to decide on asylum cases, and not simply bus people northwards, under the Dublin Convention.

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The landmark EU migration law, first agreed in 1990, specifically states that it is the responsibility of the first EU member state a migrant enters to determine their case.

Todays ruling could have a significant impact on the future of the EUs rapidly sinking migrant quota scheme, under which all countries have been allocated a mandatory number of refugees to take in from Greece and Italy.

Both of the countries bringing the lawsuit have strongly opposed the enforced system and refused to take part, drawing a furious response from Rome which is struggling to cope with huge numbers of new arrivals.

And whilst today's case was focussed on Croatia, the ruling theoretically strips Italy and Greece of similar legal arguments against having to take migrants back under the Dublin system.

The specifics of the case focus on one Syrian national, who applied for asylum in Slovenia, and two Afghan family members who travelled to Austria - all after being helped to transit through Croatia.

In both instances the two countries national courts ruled that the trio should be returned to Croatia to apply for asylum there - prompting a legal challenge from the individuals which ended up at the ECJ.

The crossing of a border in breach of the conditions imposed by the rules must necessarily be considered irregular

ECJ ruling

They argued that their entry into Croatia in 2015 could not be considered irregular - in other words illegal - because the national authorities knew they were there and provided them with onwards transport.

The trio tried to claim that this was in a legal sense tantamount to the Croatian government giving them a visa - but in its ruling today the ECJ judges struck that argument down.

They concluded: The admission of a national from a non-EU country to the territory of a Member State is not tantamount to the issuing of a visa, even if the admission is explained by exceptional circumstances characterised by a mass influx of displaced people into the EU.

The crossing of a border in breach of the conditions imposed by the rules applicable in the Member State concerned must necessarily be considered irregular.

A Member State which has decided on humanitarian grounds to authorise the entry on its territory of a non-EU national who does not have a visa and is not entitled to waiver of a visa cannot be absolved of that responsibility [to process their asylum claim].

The court ruled that the fact Croatia was facing an influx of so many people was not decisive and that allowing people to enter its territory on humanitarian grounds was its decision, so that such authorisation is valid only in respect of the territory of the Member State concerned, not the territory of the other Member States.

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Refugees and migrants wait in a small rubber boat to be rescued off Lampedusa, Italy

It concluded: The Court finds that the term irregular crossing of a border also covers the situation in which a Member State admits into its territory non-EU nationals on humanitarian grounds, by way of derogation from the entry conditions generally imposed on non-EU nationals.

In their conclusions the judges stressed that they were not ruling out a voluntary scheme of relocation, such as the migrant quota scheme, because member states can always choose to carry out asylum checks even if not legally required to do so.

And in a final note, likely to be interpreted as a fig leaf to Italy and Greece, they warn that no EU member state can deport an asylum seeker to their point of first entry if that country is under too much pressure to offer proper care and accommodation.

They state: An applicant for international protection must not be transferred to the Member State responsible if, following the arrival of an unusually large number of non-EU nationals seeking international protection, there is a genuine risk that the person concerned may suffer inhuman or degrading treatment if transferred.

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HAMMER BLOW FOR EU: Victory for Austria as Euro court in shock migrant ruling - Express.co.uk

Giovanni Cancemi

Shipping lines are coming under increased pressure from the refugee and migrant crisis in the Mediterranean since the EU replacedItalys Mare Nostrum programme with border control body Frontexs Operation Triton.

UK P&I Club claims executive Amanda Hastings described Operation Triton as controversial.

Unlike Mare Nostrum [which Triton replaced in 2014], Triton does not focus on search and rescue missions, but focuses its efforts on border management, she said.

This means that government-led rescue effortshavebeen significantly reduced, and some have feared that this has led to an increase in casualties.

Figures from the International Chamber of Shipping (ICS) indicate the number of merchant ships involved in rescue operations has remained relatively constant since 2015.

A total of 381 merchant ships in the Mediterranean were diverted, with 121 ships involved in the rescue of 13,888 people, all believed to be migrants, in 2016. So far this year more than2,200 migrants are believed to have died in the Mediterranean.

A spokesperson for the International Maritime Organisation told The Loadstarmerchant ships of all kinds were finding themselves under pressure to get involved as a continuing result of the crisis.

Of particular concern for the shipping industry is the upward trend in migrants reported dead or missing in 2015 and 2016, said the spokesperson.

Based on current leading indicators, we are expecting this upward trend to continue throughout 2017 and beyond.

Ms Hastings said one consequence of the change in approach by governments, and the media coverage of it, was an increase in rescue missions from non-governmental organisations.

While NGOS, like Migrant Offshore Aid Station and Sea Watch, try to fill the gap left by Mare Nostrum, commercial ship operators are still often required to intervene, said Ms Hastings.

This may be made worse by the proposed EU NGO Code of Conduct, which may not allow NGOs access to Italian ports unless they sign up.

Concerns over the wording and impact of this have been raised by organisations such as Human Rights at Sea.

Ms Hastings also raised concerns over the rise of right-wing groups, including Defend Europe, which are reportedly keen to prevent NGO vessels performing search and rescue operations.

This could place additional pressure on commercial ships, as they have an obligation to provide prompt assistance to any person found at sea in danger of being lost, she continued.

The only caveat to this being if providing assistance would cause serious danger to the ship and crew. Failing to comply with these obligations could result in a fine and imprisonment.

The IMO spokesperson added: Ships which do not comply with IMO regulations, such as the Convention on the International Regulations for Preventing Collisions at Sea, should have action taken against them by the relevant national authorities.

A spokesperson for Frontex told The LoadstarOperation Triton had been brought in to supplement border controls in the Mediterraneanandthat blaming itfor the number of rescues performed by commercial operators was to misunderstand the situation.

The purpose of Frontex is to assist national bodies in migrant control, but search and rescue operations remain under the purview of national bodies, said the spokesperson.

As such, when called upon by the Italian coastguard, Frontex vessels abandon their border patrol duties to conduct search and rescue missions.

In 2016, Frontex vessels were involved in the rescue of more than 90,000 people in the Mediterranean, while this year the figure has already reached 20,000.

But, said the spokesperson, it is the Italian coastguard that decides which ship is closest to the person in need whether this is a pleasure yacht, a military vessel, merchant or Frontex ship.

So Operation Triton is not putting merchant vessels under undue pressure, it is the sheer size of migration that has stretched search and rescue missions thin, said the spokesperson.

In 2015, one million people made the journey from Libya, while more than 880,000 travelled from Turkey to the Greek Islands.

Aspokesperson fora carrier active in the Mediterranean told The Loadstar: If lives at sea are endangered we are and we always will be fully committed to saving lives irrespective of origin or race.

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Pressure grows from migrant crisis in the Med with commercial ships rescuing 14000 last year - The Loadstar

European and African ministers are meeting in Tunisia about efforts to regulate the flow of refugees from Africa to Europe, primarily along the deadly central Mediterranean route originating in Libya.

In a declaration Monday in Tunis, the capital, the ministers said they agreed on a multi-pronged approach to the crisis, including informing people about the risks of illegal migration and the possibility of voluntarily returning home, addressing why migrants leave home and beefing up actions against human traffickers.

Participating in the meetings were interior ministers from Algeria, Austria, Chad, Egypt, France, Germany, Italy, Libya, Mali, Malta, Niger, Slovenia, Switzerland, Tunisia and Estonia, which currently holds the EU Council presidency.

Through the first half of 2017, nearly 84,000 migrants arrived in Italy by sea, 20 percent more than during the same period last year. Detention centers and temporary shelters that Italy has for migrants have reached their maximum capacity of 200,000 people, but there are many other migrants in the country working illegally.

The meeting in Tunisia focused on Libya, French Interior Minister Gerard Collomb said, since 95 percent of the migrants crossing the sea to Europe set sail from Libya. The ongoing political upheaval in Libya makes the problem worse, Collomb said, adding: "As long as a stable government is not in place, the control of this flux cannot be assured."

The European Union has proposed training and financing to increase the capabilities of Libya's coast guards, and last week the bloc also approved new rules for refugee-rescue ships operating in the Mediterranean. The vessels that charities operate to rescue refugees stranded on the open sea are now forbidden to coordinate their movements, either by phone or signal lights, with people-smugglers who pick up would-be migrants in Libya and sometimes leave them stranded at sea.

The refugee-rescue ships also are now required to stay out of Libyan territorial waters, where they previously have picked up asylum-seekers close to shore. Any vessel that breaks the new rules risks being banned from Italian ports.

Humanitarian ships now pick up more than a third of all migrants attempting the perilous Mediterranean crossing from Libya to Italy, compared to one percent in 2014.

Not all stranded migrants are rescued. More than 2,200 people died this year during unsuccessful attempts to cross the Mediterranean, according to the International Organization for Migration.

In their final declaration in Tunis, the ministers agreed that their countries should try to address "the root causes of irregular migration" and "strengthen the exchange of strategic and operational information on criminal networks for trafficking in human beings."

The statement said public development aid is needed to fight the causes of migration and create more opportunities at home, as well as to help border authorities with training, equipment and infrastructure.

"We have to stick together,'' said Dimitris Avramopoulos, European commissioner for migration. He insisted "Europe is not a fortress,'' but added that legal migration procedures must be followed.

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Interior Ministers from Europe, Africa Meet to Tackle Migrant Crisis - Voice of America

The number of Eurostar passengers also rose 1.4pc compared to the same period in 2016, in spite of terrorist attacks in the UK. Eurotunnel does not own the train operator but earns revenue from fees the train company pays to use the rail link.

Mr Gounon said Europeans now accepted terrorism as a permanent issue and that it did not prevent them from travelling.

The chief executive also said the cross-Channel train service had benefited from the fact more tourists wanted to go to countries they deemed safer than places in the Middle East and north Africa which had been more heavily blighted by terror attacks.

In terms of pricing for its Eurotunnel shuttle services, Mr Gounon said his company was not seeing the downward pressure on fares which is evident in the rival airline industry. He added initiatives such as its Flexiplus fares, which for a premium give cars priority boarding on its shuttles and travellers access to its Flexiplus lounges, were proving popular.

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Improved security boosts Eurotunnel freight traffic by a fifth as post migrant-crisis recovery continues - Telegraph.co.uk

Interior ministers from 14 nations and the European Union agreed Monday to boost cooperation to tackle the migrant crisis along the deadly central Mediterranean route, promising to address why migrants leave home and to beef up actions against human traffickers.

In a declaration at the meeting in the Tunisian capital of Tunis, the ministers also agreed to inform people about the risks of illegal migration and the possibility of voluntarily returning home.

It was the second meeting of the group of European and African countries and it included Libya, a smuggling haven for migrants. The gathering also came a day before France hosts two Libyan rivals, the U.N.-backed prime minister and a powerful general, in a bid to stabilize the chaotic North African nation.

The ministers focused on Libya, since according to French Interior Minister Gerard Collomb, 95 percent of the migrants flowing across the sea into Europe comes from Libya.

"As long as a stable government is not in place, the control of this flux cannot be assured," Collomb said.

In the first half of 2017, nearly 84,000 migrants have arrived in Italy by sea, a 20 percent increase from the same period last year, and more than 2,200 others have apparently died trying to reach Europe across the Mediterranean, according to the International Organization for Migration.

The meeting's final declaration said a global commitment to immigration is needed with a shared sense of responsibility and solidarity to tackle the crisis.

"There is no magic solution. No nation can alone deal with the migratory flux and no nation is sheltered from it," Italian Interior Minister Marco Minniti said after the meeting, stressing the need for a common strategy.

The statement said public development aid is needed to fight the causes of migration and create more opportunities at home, as well as to help border authorities with training, equipment and infrastructure.

"We have to stick together," said Dimitris Avramopoulos, European commissioner for migration. He insisted "Europe is not a fortress," but added that legal migration procedures must be followed.

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Ministers from Europe, Africa meet to tackle migrant crisis - ABC News