Asylum Policy Research Articles

Hostile Environments: Housing and Asylum Policies as Drivers of Energy Deprivation Among UK Refugee Communities

ABSTRACT Although refugees in the UK are highly susceptible to the triad of factors – low income, poor housing and high energy bills – that produce vulnerability to energy deprivation, literature on this issue is rare. We therefore propose a framework towards understanding the role of “non-energy” policies as drivers of energy deprivation among UK refugees, using the conceptual lenses of deservingness, welfare chauvinism and domicide to demonstrate how the condition has been deliberately produced under the UK government’s Hostile Environment approach. We argue that this approach not only damages the physical materiality of housing and the emotional space of home, but also deleteriously impacts upon refugees’ ability to access adequate energy services. Energy deprivation thus emerges as a hidden consequence of policies that normalize precarious housing, a denial of rights, and inadequate incomes, in which “home” becomes a site of exclusion that achieves the Hostile Environment’s goal – making everyday life unbearable.

Access denied: how bureaucrats shape politicians’ incentives to choose restrictive asylum policies

Access denied: how bureaucrats shape politicians’ incentives to choose restrictive asylum policies

THE EU RESPONSE TO THE MASSIVE INFLUX OF DISPLACED PERSONS FROM UKRAINE IN 2022

Russia has been conducting military action against Ukraine since 24 February 2022, in violation of the prohibition on the threat or use of violence against the territorial integrity or independence of any state, which is one of the fundamental principles of modern international law. The Russian aggression has resulted in a sharp increase in migratory pressure on the EU. As a result, the Union launched a special temporary protection procedure for the first time in its history. As temporary protection is one of the instruments of the Common European Asylum System, this article begins with an analysis of its nature within EU asylum policy. The article’s next research question and objective relate directly to the EU’s response to the Russian act of aggression. They are relevant for clarifying the political context of the activation of temporary protection and, simultaneously, establishing the circumstances necessary for the activation of temporary protection in the light of Council Directive 2001/55/EC. This Directive and Council Implementing Decision 2022/382 determine the normative construction of the temporary protection 2022. These elements are its duration, the categories of beneficiaries, and the beneficiaries’ entitlements, which result in obligations for Member States. The analysis of these issues will determine to what extent temporary protection is a viable and effective measure of international protection for displaced persons from Ukraine.

Security-centric approach in the use of digital technologies in EU migration and asylum policies

ABSTRACT The rapid evolution of digital technology, particularly in the domain of surveillance and identification, has brought forth a multitude of implications for the European Union’s approach to migration, asylum and border control. The use of digital technologies at the EU's external borders has emerged as a critical point of contention. By referring to ‘security-centric approach’ to describe the expansion of national security-related uses of digital technologies in migration and asylum, the article unveils the extent to which security considerations have permeated the use of digital technologies in this area. The analysis aims to demonstrate the predominance of this security focus and only a marginal role of efficiency, convenience and market needs objectives in the use of digital technologies in EU migration, asylum and border control policies.

The role of the European Union and international legislation in the government of the migration crisis

This paper focuses on the over researched migrant and refugee emergency of 2015-2016, adopting a broader temporal and spatial lens. The 2015 refugee crisis shook Europe and its security and brought immigration and asylum policy to new political dynamics that are developing at a pace and with difficulty in coordination. This particular 'crisis' of 2015 gave a stronger political impetus to the migration and asylum agenda of the EU's destination and transit states. concerns about the limitations of the liberal state, including external border policy, the framing of migrants, European identity and the phenomenon of return migration security, which mainly affected Central and Eastern Europe. Through the analysis of a broad set of materials emerging from the research project, we identified several interacting features of governance in times of crisis, including a multilevel but complex actor landscape, complicated and fragmented legal systems and policy provisions that can change at the temporal level as well as at the territorial level and the current characteristics of a 'crisis governance mode'. Can we identify the specific features that form this state of crisis?

A female advantage in asylum application decisions? A gendered analysis of decisions on asylum applications in Italy from 2008 to 2022

Women constitute over half of the global refugee population, yet they are underrepresented among asylum-seeker applicants in Europe. In this study, we analyse asylum application decisions in Italy between 2008 and 2022 using Eurostat data and a comprehensive set of indicators to assess political conditions and gender discrimination in the applicants’ countries of origin. Our analysis unveils a limited ‘female advantage’ in asylum applications, revealing a complex relationship between gender, country of origin characteristics, and the asylum decision process. Interestingly, the observed advantage for women is contingent on the applicant's country of origin. In countries marked by war, autocracy, or severe discrimination towards women, the gender of the applicants does not significantly correlate with asylum decisions, as recognition rates are high for both men and women. Conversely, women from countries with moderate political and discrimination issues have higher chances of success than men in their asylum applications. The understanding of how gender intersects with other factors in asylum decisions is imperative for developing more equitable asylum policies and practices.

Displacing the displaced: the response to the protracted precarious situation of Syrian refugees in Türkiye during the Covid-19 pandemic

ABSTRACT The Covid-19 crisis exposed deeply-rooted systemic problems for Syrians in Türkiye, especially continuous instability in accessing public health and social support services. By reviewing legal amendments and policies, this article examines the legal situation and the humanitarian challenges they encounter during the pandemic in Türkiye. Although the Turkish government provides free access and includes Covid-19 treatment within the emergency scope, the barriers impoverished the Syrian refugees accessing those services. This article does not address all aspects of the impact of Covid-19, thus emphasising how Turkish legal policies on refugee maintenance have constrained the life of Syrians in Türkiye. The study implies the multiple barriers, such as registration requirements and structural problems of the asylum policies restricting the Syrian refugee’s access to healthcare and State services in all aspects. The article concludes by demonstrating that the precarious legal status brings even more vulnerability at times of crisis for the Syrian refugees in Türkiye.

The UK’s Nationality and Borders Bill Policy: Its Impact on Refugees and Asylum Seekers

The United Kingdom (UK) introduced the Nationality and Borders Bill (2021) to address illegal immigration. This article argues that the UK’s historical asylum policies have contributed to marginalising asylum seekers through a process of “othering.” It demonstrates how policy language and symbols, combined with media discourse, frame asylum seekers as security threats. The power dynamics among public officials and humanitarian agencies further legitimise refugees as the “other.” The article suggests a bottom-up approach involving civil society organisations to incorporate refugee voices in challenging dominant narratives and policymaking. By sharing refugee narratives, this article reveals that refugees are conscious of being marginalised and advocate for policy change. This approach not only empowers them but also helps expose existing stereotypes and power imbalances within mainstream immigration policies.

Crisis situation and crisis policymaking: a comparison of Germany and Hungary in two refugee crises

ABSTRACT Why was policymaking in the 2015–16 refugee crisis so conflictual, while policymaking in the Ukrainian refugee crisis of 2022 proved consensual? We argue that the crisis situation – the problem pressure, policy-specific institutional context of crisis policymaking at the EU level, and the resulting political pressure – made a crucial difference. Based on a Policy Process Analysis (PPA) dataset that systematically tracks the policy debate, we test and corroborate our argument by comparing the policymaking in two countries that differ sharply in their domestic asylum policies and their attitudes toward the EU: Hungary and Germany. However, the country-specific contexts still make a difference: in spite of the similarity regarding crisis-specific policymaking in the two countries, the policy outcome varies between them, independently of the crisis, as a result of the differences in domestic asylum policies and EU attitudes.

Understanding solidarity in the European Union: an analytical framework

Solidarity is a key concept in the European Union. However, the concept of solidarity lacks systematic theoretical examination to enable a sufficient understanding of its contextual meaning and to provide an operationalisable benchmark for analysis. To address this research gap, I propose an analytical framework for solidarity in the European Union that features four necessary conditions: particularity, instrumentality, reciprocity, and responsibility. I develop the framework through a transdisciplinary conceptual history approach, substantiated with a thorough document and legal analysis of European integration and CJEU case law. I demonstrate the robustness and validity of the proposed framework by using EU asylum policy as a test case, a field where the question of solidarity is notoriously salient, which is exemplified by an area-specific expression of the concept: fair sharing of responsibility between the EU member states. Moreover, I show that the EU’s solidarity principle is necessary to maintain the bloc’s raison d’être.

The impact of detention on the health of asylum seekers: An updated systematic review: A systematic review.

The number of people fleeing persecution and regional conflicts is rising. Western countries have applied increasingly stringent measures to discourage those seeking asylum from entering their country, amongst them, to confine asylum seekers in detention facilities. Clinicians have expressed concerns over the mental health impact of detention on asylum seekers, a population already burdened with trauma, advocating against such practices. The main objective of this review is to assess evidence about the effects of detention on the mental and physical health and social functioning of asylum seekers. Relevant literature was identified through electronic searches of bibliographic databases, internet search engines, hand searching of core journals and citation tracking of included studies and relevant reviews. Searches were performed up to November 2023. Studies comparing detained asylum-seekers with non-detained asylum seekers were included. Qualitative approaches were excluded. Of 22,226 potential studies, 14 met the inclusion criteria. These studies, from 4 countries, involving a total of 13 asylum-seeker populations. Six studies were used in the data synthesis, all of which reported only mental health outcomes. Eight studies had a critical risk of bias. Meta-analyses, inverse variance weighted using random effects statistical models, were conducted on post-traumatic stress disorder (PTSD), depression, and anxiety. A total of 27,797 asylum seekers were analysed. Four studies provided data while the detained asylum seekers were still detained, and two studies after release. All outcomes are reported such that a positive effect size favours better outcomes for the non-detained asylum seekers. The weighted average SMD while detained is 0.45 [95% CI 0.19, 0.71] for PTSD and after release 0.91 [95% CI 0.24, 1.57]; for anxiety 0.42 [95% CI 0.18, 0.66] and for depression 0.68 [95% CI 0.10, 1.26] both while detained. Based on single-study data, the SMD was 0.60 [95% CI 0.02, 1.17] for depression and 0.76 [95% CI 0.17, 1.34] for anxiety, both after release. Three studies (one study each) reported outcomes related to psychological distress, self-harm and social well being. Psychological distress favoured the detained but was not significant; whereas both effect sizes on self-harm and social wellbeing indicated highly negative impacts of detention; in particular, the impact on self-harm was extremely high. The OR of self-harm was reported separately for asylum seekers detained in three types of detention: Manus Island, Nauru and onshore detention. The ORs were in the range 12.18 to 74.44; all were significant. Despite similar post-migration adversities amongst comparison groups, findings suggest an independent adverse impact of detention on asylum seekers' mental health, with the magnitude of the effect sizes lying in an important clinical range. These effects persisted beyond release into the community. While based on limited evidence, this review supports concerns regarding the detrimental impact of detention on the mental health of already traumatised asylum seekers. Further research is warranted to comprehensively explore these effects. Detention of asylum seekers, already grappling with significant trauma, appears to exacerbate mental health challenges. Policymakers and practitioners should consider these findings in shaping immigration and asylum policies, with a focus on minimising harm to vulnerable populations.

Instrumentalizacja migracji

INSTRUMENTALIZATION OF MIGRATION: PROCEDURALIZATION VS. HUMANIZATION OF THE EUROPEAN UNION’S ASYLUM POLICY The 2015 migration crisis and its consequences still determine the EU debate on the reform of the Common European Asylum System (CEAS), which began in 2015. In September 2020, the assumptions of a new pact on migration and asylum were presented. In response to the crisis on the EU’s eastern border, the pact has been supplemented in 2021 with a draft of regulation on the situation of instrumentalization in the area of migration and asylum, which is the main subject of the analysis in the presented article. The aim of the article is to present selected aspects of the instrumentalization of migration and answer the question whether it is possible to reconcile EU security and a humanitarian approach to people seeking international protection in the EU. The article was based on document analysis with the use of primarily content analysis, as well as institutional, legal and systemic methods. The securitization theory was used to explain the phenomenon of instrumentalization of migration.

The Influence of Diplomatic and Foreign Policy Considerations in the Making of Migration and Asylum Policy in Morocco

Abstract Can the management of transnational migration and asylum be used as an instrument of foreign policy? From labour market needs to legal issues, electoral pressure, and financial and commercial interests, the scholarly literature on the drivers of migration policy in both the North and the South has focused primarily on domestic factors. The case of Morocco offers a useful additional perspective. The security-orientated and restrictive policy toward transmigrants applied in the 2000s gave way, in 2013, to a new approach that was much more welcoming and mindful of migrant integration. Since Morocco’s independence in 1956, asylum management has been driven exclusively by security and political objectives. Although it has never had a national asylum system, Morocco has officially taken the initiative to establish a system that complies with its international commitments in asylum. By taking a Moroccan perspective on the situation, this article examines the management of migration and asylum by a country of the Global South with a multifaceted migration profile (as a country that is simultaneously one of emigration, transit, and immigration). It shows that Morocco’s change in migration policy is a reflection of its evolving foreign policy.

Introduction to the Special Issue Asylum for Containment: The Contradictions of European External Asylum Policy

Introduction to the Special Issue Asylum for Containment: The Contradictions of European External Asylum Policy

Title 42 and the Impact on Asylum Seekers: Exploring the Effects of its Termination and its Changes on the US Immigration System

The repeal of Title 42, an emergency immigration restriction, represents a significant policy shift in how the United States treats migrants who arrive at the southern border, particularly those seeking asylum. For over three years, U.S. border officers used Title 42 to deport hundreds of thousands of migrants to Mexico or their home countries, claiming that their presence could contribute to the spread of the coronavirus. While Title 42 is allegedly a public health policy, it has been utilized to regulate and prevent unauthorized border crossings. Democrats and campaigners have denounced title 42 because it prevents refugees from obtaining asylum, a legal right they normally have once they reach US territory. Republicans described it as an effective border control tool, requesting that Title 42 should be codified into law so that it may be utilized outside of the pandemic setting. The period of Title 42 ended, which created more obstacles than solutions for asylum seekers. As the US ends Title 42, the rules for asylum seeking are changing once again, the United States will revert to Title 8 under the new standards. The Title 8 Code outlines a strict asylum policy which makes it harder for immigrants to file claims and to seek asylum. Under this new regulation everyone coming from Latin-America, except for Mexico, has to face the harsh reality that the requirements of Title 8 make most of them ineligible for asylum. How does the repealing of Title 42 affect the US immigration system and how will it influence the 2024 elections as the termination was introduced at a critical time, when Biden is seeking a second term?

Reproducing displaceability in the Greek asylum accommodation system and its margins

Since 2015–2016, in the context of the so-called ‘refugee crisis’, new asylum policies altered the landscape of accommodation, housing, displacement, and (il)legalisation in Greece. This paper aims to explore the impact that the reception system established in 2016 has on everyday accommodation and urban experiences of refugees as regards their relationships with space and social connections. In doing so, it brings to the forefront the concept of ‘displaceability’ as an ongoing, non-linear, and relational sociospatial process, interrelated with housing precarity and illegalisation, through which the connections between people and places are ruptured. The paper, first, focuses on how processes and experiences of displaceability emerge for those entitled to asylum accommodation in Greece. Secondly, it examines how displaceability also concerns displaced people found at the margins of accommodation after their asylum claim has been processed, including both the cases of recognised beneficiaries of international protection and refugees with a negative decision. Thirdly, it discusses aspects of the experiences of those outside the reception system and accommodation sites, such as people arriving in Athens through informal and unregistered mobilities. The paper is based on research conducted in metropolitan Athens, Greece, as part of the TRAFIG Horizon 2020 research project.

Closing the Borders to End Human Trafficking: Moral Panic and the New Official State Politics on the Refugee Crisis in Greece

This article traces the incident on the Greece–Turkey border in spring 2020 as a turning point in asylum seeker flow management in Greece. It argues that the handling of the event can be approached using moral panic theory, and it explains why the government has chosen its tough stance against these people. It further explores the government’s rhetoric during this event and the consequences of this shift both on the asylum policies leading to pushbacks and on the legitimization of these policies within the Greek society, which could be claimed to have made the Pylos shipwreck acceptable, as examined in its last section.

Small Boats, Big Contracts: Extracting Value from the UK's Post‐Brexit Asylum ‘Crisis’

AbstractThis article discusses post‐Brexit asylum policy in the UK. On the surface, Brexit had little impact on asylum, but Brexit, combined with the new phenomenon of small boat Channel crossings, created the conditions for a new and extreme UK policy agenda. It explains how politicians have sought to deliver border sovereignty performatively after Brexit by introducing extreme measures, ostensibly—though not practically—to stop small boat Channel crossings, and how private actors have sought to profit from people seeking asylum within this policy regime. These interrelated political and financial interests are pursued irrespective of the fact that none of the policies being advanced will ‘stop the boats’.

How Do Crises Affect Policy Subsystems? The Evolution of Policy Core Beliefs in the EU Asylum Policy

AbstractCrises, shocks, and perturbations are frequently considered turning points in public policy literature. The Advocacy Coalition Framework has become one of the most employed policy process frameworks, focusing on policy subsystems, belief systems and shocks as one of the drivers of policy change. Relying on a network approach, this article aims at analysing the EU asylum policy by exploring the prioritisation of policy core beliefs before, during and after the so‐called refugee crisis. From a methodological perspective, discourse network analysis (DNA) is employed. The results show that the system of policy core beliefs has not stabilised in the aftermath of the crisis, implying a ‘conservative’ crisis response approach and short‐term effects on the policy subsystem. The innovation of this article stands on the theoretical–analytical elaborations of some crisis management and public policy literature core concepts and the empirical testing of said concepts through an original dataset with DNA.

To What Extent Does Asylum Policy Match Public Policy Preferences?

To What Extent Does Asylum Policy Match Public Policy Preferences?