Asylum Applications Research Articles

Ethical and Forensic Issues in the Medico-Legal and Psychological Assessment of Women Asylum Seekers.

Asylum-seeking migrants represent a vulnerable segment of the population, and among them, women constitute an even more vulnerable group. Most of these women and girls have been exposed to threats, coercion, and violence of many kinds, including rape, forced prostitution, harassment, sexual slavery, forced marriage and pregnancy, female genital mutilation/excision, and/or other violations of their rights (e.g., deprivation of education, prohibition to work, etc.). The perpetrators of the violence from which they flee are often their own families, partners, and even institutional figures who should be in charge of their protection (such as police officers). In the process for the acceptance/rejection of an asylum application, the forensic and psychological certification can make the difference between successful and unsuccessful applications, as it can support the credibility of the asylum seeker through an assessment of the degree of compatibility between the story told and the diagnostic and forensic evidence. This is why constant and renewed reflection on the ethical, forensic, and methodological issues surrounding medico-legal and psychological certification is essential. This article aims to propose some reflections on these issues, starting from the experience of the inward healthcare service dedicated to Migrant Victims of Maltreatment, Torture, and Female Genital Mutilation operating since 2018 at the Institute of Forensic Medicine of the University Hospital of Palermo.

Article 1F and Anthropological Evidence: A Fine Line Between Justice and Injustice?

ABSTRACT While all anthropological experts take pride when their evidence plays a vital role in securing protection for an asylum applicant, we also acutely remember the cases in which our research and reports were rejected, particularly when our reports appear to be unfairly rejected. In this paper, I discuss two cases in which the British Home Office argued that an asylum applicant was not entitled to protection because he participated in war crimes/crimes against humanity. However, the evidence provided by War Crimes Unit in the United Kingdom’s Home Office took the form of assertions based on a very poor understanding of Ethiopian politics and limited research. In the first case, the Immigration Judge accepted the evidence submitted by the Home Office and refused the applicants claim for asylum, but on appeal the Home Office withdrew the case against the applicant. In the second case, the Immigration Judge adopted some of my evidence for the applicant but denied his claim. This paper explores the pitfalls of litigation and the ability of the state to tilt the scales of justice against asylum claimants.

The Status of Refugees in the European Union after 2022

The article deals with the issue of refugee policy in the European Union and the changes related to the events of the Ukraine-Russia war. The author’s aim is to show the reasons for the most significant changes related to the determinants of the refugee influx in 2022, and to demonstrate that the EU asylum rules need to be revised and adapted to the needs that have arisen as a result of the war and such a massive relocation. The study takes an institutional-legal approach. The research analysis of the mentioned topic includes a literature review, official and political documents, secondary statistical data and content analysis. The author of the study used the statistical technique as well as dogmatic, sociological and comparative methodologies. To sum up the considerations in this article, it should be stated that the migration crisis of 2015 and 2022 revealed many shortcomings and gaps in the EU asylum and refugee policy. The Russian invasion of Ukraine showed that EU legislation needs to be reformed, which is why new institutional and legal solutions have been introduced, an example of which is a regulation aimed at combating irregular migration and facilitating the return of people to their country of origin, rather than just speeding up the process of processing asylum applications. Such a reform will enable a better verification of applicants filing more than one application.

Refugee Chronicles: excerpt from the diary with an introduction

The following text is an excerpt from The Refugee Chronicles, a fictional diary written by Evgeny Shtorn, poet and activist, from his experience of seeking asylum. Shtorn had to flee Russia due to the government’s hostile policies toward both queer sexualities and political dissent right after he was interviewed by the Russian secret police FSB in 2018. The run for life and liberty brought him to the utmost end of Western Europe, Ireland. Shtorn’s experience of claiming asylum made him question clear cut boundaries between the West and the East along the lines of guarantees and protections of human rights. He also noted how queer sexuality plays a specific role in the asylum application process as a protected and even desired ground for granting refugee status. His experience of a lengthy stay in the dormitory for asylum seekers converted into a book-length, semi-fictional chronicle was published by an independent press, Poryadok Slov, in St. Petersburg, Russia. The book is full of queries, ambiguities, and doubts that surround the issues of queerness, migration, and the politics of human rights. The following chapter is introduced with a short pre-word by a scholar of sexuality studies Alexander Kondakov who offers a brief contextualization and conceptualization of The Refugee Chronicles.

Nigerian women seeking asylum in England on grounds of sexual violence

AbstractThis study aims to give voice to the experiences of Nigerian women seeking asylum in the UK on the grounds of sexual violence. It draws upon in‐depth narrative interviews with 10 Nigerian women, aged between 27 and 46, seeking asylum on the grounds of sexual violence. Women's accounts were analysed thematically, and the contextual factors that influenced the outcome of their asylum claims were explored. Findings show that women's asylum applications were affected by factors relating to lack of evidence, use of words and/or phrases that do not align with the English language meaning of sexual violence, Home Office's lack of understanding of cultural issues specific to women and peculiarity of women's narrative construction and the decommissioning of legal assistance. Findings also suggest that asylum organisations play a key role in providing holistic support to women. Recommendations are made for the Home Office's policies following these findings.

“Can my mother come?” Asylum interviews with unaccompanied and separated children seeking asylum in the Netherlands

IntroductionThe UN Convention on the Rights of the Child (CRC) accords children the right to give their views on all important decisions in their life (art.12 CRC). In the past decades increased awareness has risen among professionals who work with children in judicial and administrative proceedings, to hear their voices. The key question guiding this research was whether refugee children have the possibility to meaningfully participate in asylum proceedings, as required by international children's rights law and standards? Asylum application procedures are highly complex administrative procedures, that are often not adapted to the capacities and level of maturity of children. Recent studies suggest that the right to participation and information is insufficiently safeguarded for children involved in asylum procedures. Unaccompanied children seeking asylum as young as 6 years of age have to go through the asylum procedure in the Netherlands. Efforts have been put in making this procedure more child-friendly, by designing a child-friendly interview room and training immigration officers. The aim of this study was to explore to what extent the immigration authority takes into account children's voice, age and development, in line with international children's rights.MethodsObservations have been conducted of first instance asylum application interviews with children held by immigration officers. In total 13 interviews with children aged 7–11 have been observed, that were held between 2012 and 2019.ResultsThe results show that child-friendly conversation techniques and tools are used to some extent, however, immigration officers should be trained more extensively in order to enhance the effective participation of young children.DiscussionIt is concluded that interviews with children could be improved by giving children more information and using techniques to communicate with young children. In order to truly hear the child's voice the interviews should be better adapted to the age and level of development of unaccompanied children.

Temporary refugee protection and labor-market outcomes

We study a Danish reform in 2002 that lowered the ex-ante probability of refugees receiving permanent residency by prolonging the period before they were eligible to apply for such residency. Adherence to the new rules was determined by the date of the asylum application, and the reform was implemented retroactively. Using registry-based micro data, we study the effects on labor-market outcomes and investments in education. While proponents of temporary protection regimes argue that stronger incentives to qualify for residency based on labor-market attachment will speed up the labor-market integration, we find no evidence of positive effects on labor-market outcomes.

Implementation leeway in the Dublin system: evidence from Switzerland

ABSTRACT (Non-)implementation of rules is a key issue in the EU literature. During the European 'migration crisis' in 2015/16, several member states openly deviated from the clear rules the legal framework of Schengen and Dublin established. Although these controversies have attracted much attention, member states' authorities can also deviate from European rules in everyday decision making. Little is known about this leeway. For example, the Dublin system allows countries to send asylum seekers in an ‘outgoing procedure’ when they conclude that another Dublin state is responsible for the asylum application. This paper develops the argument that efficiency considerations lead national authorities to specialise in asylum seekers from countries from which they already have many residents. Asylum seekers from these countries are less likely to be sent in an outgoing procedure. The Dublin system does not intend this type of selection based on nationality. Using unique, high-quality register panel data from Switzerland, the statistical analysis of multilevel models shows that an outgoing procedure is indeed more likely for applicants from countries with a comparatively small number of residents. The findings of this analysis have broader implications for the Common European Asylum System.

Post‐2015 refugees in Germany: “Culture of welcome”, solidarity or exclusion?

Post‐2015 refugees in Germany: “Culture of welcome”, solidarity or exclusion?

Not the mode of allocation but refugees’ right to work drives European citizens’ preferences on refugee policy

Europe remains a destination of an ongoing influx of asylum seekers. The attempts to build an EU-wide political consensus around refugee policy have so far failed. This article provides a perspective on EU citizens’ preferred policy towards refugees and asylum seekers at both the EU and domestic levels. A hidden policy consensus is identified in which European citizens across all social and ideological backgrounds prefer refugees to have the right to work but their freedom of movement to be restricted while their application for asylum is being processed. At the same time, the mode of refugee allocation between countries, which has been prominent in political debates across Europe, is relatively unimportant to respondents, as they focus on the domestic level rather than EU-level policy. The widespread consensus on support for refugees’ participation in the labour market may unite EU citizens around cautious hospitality by deemphasising allocation principles, and stressing country-level solutions.

In critique of moral resilience: UK healthcare professionals’ experiences working with asylum applicants housed in contingency accommodation during the COVID-19 pandemic

This research explores the experiences of UK NHS healthcare professionals working with asylum applicants housed in contingency accommodation during the COVID-19 pandemic. Using a critical understanding of the concept of...

Nationality Status Determination in Asylum Procedures under the CEAS and the Potential Impact of the ‘New Pact on Migration and Asylum’

Abstract The determination of asylum seekers’ nationality, or lack thereof, is a key component of assessments of applications for international protection, and can prove difficult when asylum seekers do not submit any valid identity or travel documents, or are stateless or at risk of statelessness. This article investigates how nationality status determination is relevant and how it is regulated in the Common European Asylum System (CEAS) and in the ‘New Pact on Migration and Asylum’ (the Pact), that is currently under negotiation in the European Union (EU). Under the CEAS, the determination of nationality is not only critical to assessing whether the applicant qualifies for international protection, but can also determine the type of procedure through which their application is examined, and accordingly the level of procedural guarantees to which they are entitled. Under the Pact, with the introduction of a pre-entry screening and the obligation to process asylum applications lodged by individuals from countries with low recognition rates through border procedures, the determination of the applicant’s nationality becomes even more critical. In fact, the Pact institutionalizes the channelling of asylum seekers into substandard procedures based on their nationality, a practice that has been widely used in ‘hotspots’ in Greece and Italy. This is even more problematic considering that the Pact, like the current CEAS, provides only very general rules relevant to establishing a claimant’s nationality status. This article sheds light on an overlooked aspect of asylum procedures, and calls for the development of specific guidance on nationality status determination in asylum procedures at the EU level.

Changes in life satisfaction among unaccompanied asylum-seeking and refugee minors who participated in teaching recovery techniques (TRT)

BackgroundUnaccompanied asylum-seeking and refugee minors report low life satisfaction and high levels of mental health problems, nevertheless they often do not seek or receive help for their problems. Teaching Recovery Techniques (TRT) is a low-threshold, five sessions intervention developed to reduce distressing war- and disaster-related trauma reactions among children and youth. In this study, we investigate if TRT can contribute to increased life satisfaction among unaccompanied asylum-seeking and refugee minors.MethodsAsylum-seeking and resettled unaccompanied minors participated in TRT carried out in 15 locations throughout Norway, n = 147, mean age = 16.61 (SD = 1.80), 88% boys, and 67% from Afghanistan. Life satisfaction was measured by the Cantril Ladder before the intervention, and two- and eight weeks post-intervention. We also included indices of intervention compliance and contextual variables, such as asylum status. We applied a pre- and post-intervention design with linear mixed model analyses to investigate change in life satisfaction.ResultsLife satisfaction significantly increased from pre- to post- intervention, but not for youth whose asylum application had been rejected or who were still awaiting a decision. Indices of intervention compliance were associated with an increase in life satisfaction.ConclusionsTRT is a potential useful intervention to enhance life satisfaction among unaccompanied asylum-seeking and refugee minors and can be a measure to support positive development among youth at risk for mental health problems. However, TRT initiatives should consider the participant’s stage of asylum process, because harsh immigration policies may overburden the coping capacity. Without further adaptation, TRT seems most useful for youth granted residence. The manual has been revised to include asylum-related stressors.Trial RegistrationClinicalTrials.gov (16/54,571, registered 30.01.2019).

I Can’t Forget What You Couldn’t Tell Me: A Psychoanalyst Listens to Asylum Seekers

This paper details my psychoanalytic process evaluating refugees as part of their application for asylum. It focuses on the emergence of unrepresented content and abject states within the intersubjective matrix that lead to collaborative creation of a story of trauma. Such intra- and inter-personal encounters are structured by the larger social, political, and cultural contexts that support, limit, structure, erase, and determine what can be known and told. Knowledge of traumatic inscription necessitates attunement to nonverbal affective states in both survivor and witness as well a receptive society that is able to tolerate grief, acknowledge the degradation and depravity unleashed in victim and victimizer during violence, and absorb survivors’ mournful morality tales.

The Time of the Migrant

The Time of the Migrant

The Gory Details: Asylum, Sexual Assault, and Traumatic Memory

For asylum seekers to be granted asylum, they must convince immigration officials that they have been persecuted or that they fear they will be persecuted if returned to their home country. This article discusses the reluctance of asylum seekers to be forthcoming about sexual assault as a form of persecution and the ways in which traumatic memory can affect narratives of persecution for rape survivors. Many asylum seekers, particularly those who have been sexually assaulted, show symptoms consistent with trauma survivors. Consequently, their narratives of persecution are often shaped by partial and incomplete memory recall. The result is that how asylum seekers who have been sexually assaulted tell their stories of persecution is the antithesis of the expectations of credibility. This article is based on qualitative research in Los Angeles, California, and New York City, New York, in the United States. It includes interviews with asylum seekers, immigration attorneys, immigrant service providers, asylum officers, and immigration judges; observations of immigration court hearings; and content analysis of asylum applications. I use these sources to argue that the harm of rape and its long-lasting effects evidenced by symptoms of traumatic memory impacts how asylum seekers articulate stories of persecution. How these stories are told can have devastating effects for asylum seekers that may jeopardize their ability to gain asylum if immigration officials do not view them as credible applicants.

Diphtheria in asylum workers: forgotten but not gone!

Diphtheria in asylum workers: forgotten but not gone!

Exploring Sweden and South Africa’s Responses to Mass Migration during the Period 2015–2019

Sweden and South Africa are two major transnational destinations and attract large numbers of refugees and migrants, primarilydue to their ease of immigration policies. Besides their unique historical relations which can be traced back to as early as the 1890s, both countries continue to experience high volumes of mass migration and forced mobility which peaked in 2015. Following the so-called ‘Syrian refugee crisis’, Sweden witnessed the second largest asylum applications in Europe. At around the same time, South Africa experienced its highest backlog of asylum applications. It is against this backdrop of a long and diverse history of relations andongoing migration that we seek to engage with the responses of both countries to mass migration using a comparative approach. The article presents a historical perspective of migration between Sweden and South Africa and examines their ongoing migration policydebates. It concludes with an analysis of current political contestations and some key lessons for each country.

Review of “A Story to Save Your Life: Communication and Culture in Migrants’ Search for Asylum”

Asylum applicants in the United States must credibly demonstrate that their persecution was on account of race, religion, nationality, membership in a particular social group, or political opinion. Their stories are perhaps the most crucial component of their cases. In A Story to Save Your Life, Sarah C. Bishop analyzes the relationship between communication and asylum outcomes. Bishop’s central premise is that “Having a viable story is not enough, nor is being able to write it down—one must also be able to tell it” (10). Asylum applicants must convey their stories in legally meaningful and legible ways. This is easier said than done; applicants may not know how to fit their narratives into complex legal standards, and trauma may prevent them from recalling information in a consistent, chronological manner. To complicate matters further, US law states that while asylum applicants have the right to legal counsel, it must be at their own expense. Without legal representation, many applicants fail to include testimony that is crucial for their cases.

Capacity Building as Intervention-Lite: Migration Management and the Global Compacts

ABSTRACT Many states lack the standing capacity – housing, food, medical, or legal assistance – if thousands of people cross their border in one day. In addition, developing countries often lack the administrative capacity, expertise, and legal frameworks to process immigration or asylum applications and issue visas or refugee statuses. In response, the United Nations and other international organisations (IOs) propose to build the capacity of states through direct aid, training schemes, consultancies, twinning programmes, and start-up funds. The 2018 Global Compacts on Refugees (GCR) and the Global Compact for Safe, Orderly and Regular Migration (GCM) were in part created with the mandates to ‘build capacity’ in designated states. This article examines how the meaning of capacity building has changed in migration management over the last 70 years. First, we present a brief history of capacity building and theorise capacity building as a form of intervention-lite that relies on the invitation by the host state and reaffirms an absolutist interpretation of sovereignty. The emerging norm of ‘well-managed migration’ asserts that if a state is not able to make migration safe, then the international community has a responsibility to provide resources and training to those national institutions. The article traces this logic of intervention-lite and the norm of ‘well-managed migration’ in the Global Compacts, particularly UNHCR Asylum Capacity Support Group and UN Network on Migration’s capacity building mechanism. Methodologically, we draw on elite interviews, case studies, policy analysis, project workplans, evaluations, UN white papers and reports to examine the concept of ‘capacity building’ as framed in the Global Compacts and its implications for migration management and sovereignty. While the compacts affirm state responsibility for migration management, the GCR and GCM increase the capacity of international organisations to intervene in domestic institutions, rather than increase the capacity of national institutions.