Abstract

Response to the ATR Debate Proposition: ‘It is important and necessary to make clear distinctions between (irregular) migrants, refugees and trafficked persons.’
 Whether a person is given a loaded label like ‘irregular’ migrant, refugee or trafficked person, can make the difference between arrest and protection, or between deportation and asylum, or between return to an uncertain fate and assistance for a decent life. In short, the distinctions we make in the language of international law may mean the difference between life and death.

Highlights

  • Whether a person is given a loaded label like ‘irregular’ migrant, refugee or trafficked person, can make the difference between arrest and protection, or between deportation and asylum, or between return to an uncertain fate and assistance for a decent life

  • The distinctions we make in the language of international law may mean the difference between life and death

  • A smuggled migrant may be criminalised for that fact, contrary to international law, and be deported notwithstanding a valid claim not to be

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Summary

Introduction

Response to the ATR Debate Proposition: ‘It is important and necessary to make clear distinctions between (irregular) migrants, refugees and trafficked persons.’ Whether a person is given a loaded label like ‘irregular’ migrant, refugee or trafficked person, can make the difference between arrest and protection, or between deportation and asylum, or between return to an uncertain fate and assistance for a decent life.

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