Rights Of Asylum Seekers Research Articles

Human Rights in Limbo: A Human Rights Analysis of Religious Freedom Protections in European Asylum Centres

Abstract This article examines the legal protections for religious freedom afforded to non- detained asylum seekers and refugees in European asylum centres, highlighting the gap between theoretical rights and practical implementation. Despite the fundamental right to freedom of religion or belief, asylum seekers often face coercion, verbal and physical attacks, and restrictions on their religious practices within these centres. The absence of regulations or guidelines exacerbates these problems, leaving operators in a legal grey area and the religious freedom rights of asylum seekers in limbo. The article also examines how the privatisation of refugee reception impacts human rights obligations and the dual nature of state responsibilities—both negative and positive—regarding religious freedom. It emphasises the necessity for the implementation of regulations and guidelines to guarantee the enforcement of religious freedom protections, with the objective of safeguarding the religious freedom rights of asylum seekers and refugees in European asylum centres.

Beyond the “Hybrid Attack” Paradigm: EU-Belarus Border Crisis and the Erosion of Asylum-Seeker Rights in Latvia, Lithuania and Poland

While in the recent years violations of asylum-seeker rights have been increasingly documented in EU Member States, the crisis at the EU-Belarus border has opened up a whole new chapter in this area. In response to the perceived migrant instrumentalisation by the Belarusian regime, several Member States—Latvia, Lithuania and Poland—have openly introduced long-term, far-reaching and blanket legislative measures that severely restricted the right to seek asylum and formalised pushbacks—contrary to their obligations under EU law and international refugee and human rights law. This paper approaches the topic from a comparative socio-legal perspective. Apart from a legal analysis of the Latvian, Lithuanian and Polish domestic measures, it is based on interviews with non-EU nationals affected, as well as NGO representatives, volunteers and legal practitioners who have been providing legal and humanitarian assistance to people crossing from Belarus. The paper, first, offers an overview of Latvian, Lithuanian and Polish responses to the events at the border and looks at how the relevant measures affect the non-EU nationals involved. Second, it engages with the migrant instrumentalisation paradigm, relied on by the governments to derogate from EU and international legal framework, and explores the EU-level response to the crisis. This study argues that EU’s border with Belarus has de facto become an exclusion zone where protection seekers are deprived of their right to claim asylum and continuously exposed to various types of inhuman and degrading treatment. It also demonstrates that the migrant instrumentalisation concept is problematic on multiple levels and does not correspond to the realities on the ground.

Balancing The Principles of Non-Refoulment and National Security in The Protection of Refugee Rights: A Legal and Policy Analysis of Refugee Handling in Australia

This study examines the delicate balance between the principle of non-refoulement and national security in protecting refugee rights, focusing on Australia’s approach to handling refugees. Non-refoulement, a fundamental principle of international refugee law, prohibits the forced return of individuals to countries where they may face persecution. However, ensuring national security while upholding refugee rights poses challenges, particularly in the face of global migration crises and security concerns. Through a case study of Australia’s refugee policies and practices, this research explores the complexities of navigating between these principles, considering legal frameworks, policy implications, humanitarian considerations, and the impact on refugee lives. The findings contribute to understanding the intricate dynamics of balancing humanitarian obligations with national security imperatives in refugee protection efforts. The findings of this research suggest that no balancing act can be justified by international law. Turn-back measures cannot be used to balance Australia’s international obligations to protect refugees. This will lead to violations of the human rights of asylum seekers who will be returned. The act of turning back is hazardous and has the potential to bring threats and persecution to asylum seekers who are returned to their country of arrival, country of origin, or third countries.

Why failed asylum seekers should have a conditional right to stay: an ethical guideline for policy debates

This article aims to reconcile the moral rights of failed asylum seekers with the integrity of the asylum system. Can the state grant failed asylum seekers a right to stay without undermining the core purpose of the refugee system? Can the state sometimes return those whose asylum claim has failed without violating their moral rights? The article argues that restricting the rights of asylum seekers and reducing the length of the asylum process raise ethical concerns and practical problems. It emphasizes that liberal states should charitably interpret the norms of international protection. It proposes to extend the right to stay on social membership grounds qualified by a good faith condition, and limit returns to those that have lodged their claim in bad faith. Engaging with the good/bad faith distinction the article aims to counteract a culture of suspicion towards asylum seekers by clarifying what it really means to launch a claim in bad faith and to realign its scope in a morally appropriate way.

How Does Climate Change Impact the Human Rights of Asylum Seekers, and What Steps Can Be Taken to Ensure Their Protection and Well-being in the Face of Climate-induced Displacement?

How Does Climate Change Impact the Human Rights of Asylum Seekers, and What Steps Can Be Taken to Ensure Their Protection and Well-being in the Face of Climate-induced Displacement?

Beyond the "Hybrid Attack" Paradigm: EU-Belarus Border Crisis and the Erosion of Asylum Seeker Rights in Latvia, Lithuania and Poland

Beyond the "Hybrid Attack" Paradigm: EU-Belarus Border Crisis and the Erosion of Asylum Seeker Rights in Latvia, Lithuania and Poland

The Role of the Serbian Constitutional Court in the Area of Asylum and Migration

The Constitutional Court in Serbia protects the constitutionality and legality of human rights and freedoms guaranteed by the 2006 Constitution. However, its role in asylum- and migration-related matters is limited. There are two reasons for this: the Court very narrowly interprets its own competencies which results in the rejection of the majority of constitutional complaints, and the Court serves as a protector of state authorities rather than a protector of the human rights of asylum seekers, refugees, and migrants. The jurisprudence of the Constitutional Court in this area relates to several matters: the application of a safe third country principle, rights concerning the asylum procedure, and issues relating to the freedom of movement and detention of migrants. Therefore, the Court has been unable to develop clear and coherent practice in this area. However, it is worth noting that the Court invokes relevant standards derived from the jurisprudence of the European Court of Human Rights, although the application of those standards usually does not lead to a decision to uphold the constitutional complaint. It also relies on other international sources, such as the UN Refugee Agency reports on specific countries, various United Nations and Council of Europe instruments, and reports of non-governmental organisations. Finally, the Court is not interested in the case law of the Court of Justice of the European Union (EU), despite the fact that Serbian legislation in this area is inspired by the EU acquis. Serbia is not a member state of the EU, but as a candidate country it is in the process of aligning its own legislation and practice, and referral to the jurisprudence of the Court of Justice would provide guidance on how to interpret domestic provisions, such as subsidiary protection.

Policy Studies Yearbook Annual Review 2022–23: Note from the editor and call for papers

<i>Policy Studies Yearbook Annual Review</i> 2022–23: Note from the editor and call for papers

Mental deterioration of refugees and asylum seekers with uncertain legal status in Australia: Perceptions and responses of legal representatives.

Many developed countries have introduced strict measures designed to deter people seeking asylum. Measures such as held detention, insecure visas, restrictions work and services all impact the mental health of asylum seekers. In 2014 Australia introduced a 'fast track assessment' (FTA) system of processing refugee claims for asylum seekers who arrived by boat, those found to be refugees were only eligible for temporary residence. Legal professionals play a pivotal role in protecting the rights of asylum seekers and gain unique insight into the impact of the legal system has on clients mental health. To investigate how legal professionals in Australia perceived the impact of the FTA process on their clients. Mixed methods comprising of two phases - (i) an online survey and (ii) follow-up focus groups and interviews with legal professionals involved in assisting asylum seekers in the FTA process. An inductive thematic analysis was used to analyse the data. Survey results were obtained from 38 legal professionals. Follow up in depth qualitative focus groups and interviews were conducted with 16 survey participants. The data demonstrate that legal professionals encounter clients in complex seemingly insurmountable mental health crises including deepening mental distress and deterioration, feelings of hopelessness, defeat and entrapment. Interviewees shared compelling examples of what they believed constituted a direct connection between asylum seekers experiencing uncertainty and deteriorating mental health over time with fluctuations in hopelessness, anger, withdrawal and suicidality. These negative impacts were often compounded by separation from family. The legal framework for determining whether an asylum seeker is a refugee can have a detrimental impact on the mental health of asylum seekers. The mental distress of asylum seekers and refugees is exacerbated by uncertainty linked to both delays in processing accompanied by sustained and ongoing uncertainty of legal status.

Asylum seeker poverty and bail reporting change activism

This paper provides an overview of research that led to change activism in support of asylum seeker rights in Stoke-on-Trent in the UK. In 2018, the Government disbanded localised asylum bail reporting procedures leading to asylum seekers based in Stoke-on-Trent having to travel to Salford (approximately 100-mile-round-trip) for Home Office reporting. Interview research with 19 paid or unpaid professionals working with, or on behalf of, asylum seekers at operational and strategic levels provided evidence of significant issues faced by asylum seekers based on this policy and procedure change. Poor mental health, racism, increased poverty and gender inequality, modern slavery and exploitation risks and children’s education were compromised and exacerbated by changes to reporting proceedings. Evidence also demonstrated the changes to reporting arrangements led to resource implications for local services in Stoke-on-Trent and the Home Office itself. Findings were suggestive of Human Rights, Equality and Public Health concerns, alongside highlighting practice that stigmatises victims in a criminogenic way. Reinstating localised reporting was supported by all participants and researchers advocated for the Home Office to also consider tele-reporting options.

The Gendered Consequences

This policy paper explores the gendered vulnerabilities of migrants seeking refuge from unlivable conditions in El Salvador, Honduras, and Guatemala (Northern Triangle Countries), who are forced to the U.S.-Mexico border and stranded in border camps strung along U.S. entry ports. In particular, it examines the impacts of four immigration and border policies initiated by the Trump administration, and details the compounded risks of violence faced by displaced women and gender-diverse communities while traveling to the border and in border encampments. Migrants seeking asylum experience a range of physical and psychosocial trauma, and their safety is contingent on the varying stakeholder positions of the American and Mexican governments, transnational non-governmental organizations, and the United Nations High Commissioner for Refugees (UNHCR). In evaluating the barriers to accessing basic resources and legal support faced by marginalized communities at the border, I argue that conditions in-camp require gender-sensitive humanitarian interventions from the UNHCR as mandated by its ethical and legal obligation to protect the rights of asylum-seekers. Following my analysis of the gendered vulnerabilities in border encampments and their historical roots, I then propose three potential policy choice sets to address the increasing urgency of the crisis.

The Dublin Regulation, mutual trust and fundamental rights: No exceptionality for children?

AbstractMutual trust in the Dublin III Regulation is justified by the assumption that all Member States respect the fundamental rights of asylum seekers and that it is therefore immaterial which Member State processes any given claim. This justification has been questioned in light of the treatment of asylum seekers in some Member States. Nonetheless, in order to circumvent a Dublin transfer on fundamental rights grounds, the Court of Justice of the EU has held that the risked violation must meet the threshold for inhuman or degrading treatment in Article 4 of the Charter. Recently, the Court rejected the proposition that another Charter right—the principle of the best interests of the child—could block Dublin transfers of families with children. Through a child‐rights analysis of the jurisprudence, this article explores the idea of exceptionality for children, concluding that there is potential for the best interests principle to trump mutual trust.

Storying Manus Women and Girls into Asylum Seeker and PNG Women’s Rights Discourses Surrounding the Manus Regional Processing Centre, 2012–19

ABSTRACT Between 2012 and 2019 two important human rights discourses ran concurrently in Papua New Guinea (PNG). The first involved the rights of asylum seekers detained in Australia’s offshore Regional Processing Centre (RPC) on Manus Island. The second related to PNG women’s and girls’ rights amid the epidemic levels of violence against women and girls in PNG. As the PNG province that hosted the RPC, Manus provides a lens for examining these two rights discourses during this period. In this article I make three arguments. First, the RPC had local gendered impacts. Secondly, there was a gap between these two rights discourses which involved the privileging of the human rights of asylum seekers on Manus. Thirdly, this gap led to the neglect of the RPC’s lasting gendered impacts on the local community. The analytical framework used in this article activates Indigenous narratives of human mobility in order to centre a feminine Manus perspective in relation to these rights discourses.

Border Procedures in the European Union: How the Pact Ignored the Compacts

This article analyses the (potential) role of the Global Compact for Migration and the Global Compact for Refugees in the development of EU law concerning asylum seekers who arrive at the external borders of the European Union (EU). Under the current rules, many asylum seekers are refused entry to the territory of the EU and detained while their asylum claim is examined in a border procedure. Some EU Member States even push back asylum seekers without a proper assessment of their needs for international protection. Despite widespread violations of the fundamental rights of asylum seekers at the external borders of the EU, the New Pact on Migration and Asylum presents the new integrated border procedure as an important instrument to ‘deal with mixed flows’ and make the Common European Asylum System (CEAS) work. However, the EU legislator has not substantiated the claim that border procedures will contribute to achieving the aims of the CEAS, such as the creation of a uniform, fair and efficient asylum procedure and prevention of abuse. Neither does the Pact provide a solution for pushbacks and systematic use of detention, nor does it guarantee the quality of the asylum procedure, including the identification of persons with special needs. The Pact therefore not only fails to comply with the EU’s own Better Regulation guidelines and protect the fundamental rights of asylum seekers, but it also ignores the standards of the Global Compacts. What role can the Global Compacts still play in the ongoing negotiations over the Pact?

The Interaction Between Securitization of Migration and Asylum: The Political Considerations on the Rights of Asylum-Seekers in the Case of the EU-Turkish Joint Statement

Nowadays, hundreds of thousands of people have been trying to migrate to another country including the EU member states, and live a stable life without security concerns. However, the EU has increasingly reduced their opportunity and ability to seek international protection via strict policies. Securitization of migration results in a decrease in the number of asylum applications. The EU has been politically realistic considering its own interests in implementing measures to combat irregular migration with regard to the reduction of asylum applications. In this context, the EU Commission suggested that Turkey and the Western Balkan countries should be adopted as a “safe country of origin” in September 2015. In fact, this move aimed at reducing the number of applications, many of which had already been rejected. Although the persons who were subject to the EU-Turkey Joint Statement dated March 18, 2016, used to flee from the conflict zones in the different corners of the World, the EU treated them like irregular migrants and sent them back to Turkey. The Statement, which is the basis for the return of these persons, presents itself with various difficulties in terms of procedure and implementation.

Inhibiting integration and strengthening inequality? The effects of UK policy making on refugees and asylum seekers in Wales

In 2001, following the Immigration and Asylum Act 1999, four towns and cities in Wales became asylum dispersal locations. Whilst immigration and asylum remain matters reserved to the Westminster government, the Welsh Government has devolved responsibility in social policy areas that may impact upon refugee integration. This article highlights how successive Westminster governments have introduced immigration and asylum legislation creating a ‘hostile environment’ for asylum seekers. Such policies have restricted the civil and social rights of asylum seekers whilst simultaneously the Westminster government has focused upon policies for the integration of those granted refugee status only. This article reports on the findings from interviews conducted with 19 refugees and asylum seekers living in Wales, where in contrast to Westminster, the Welsh Government see integration as a process beginning on day one of arrival in Wales. It demonstrates how policies introduced by the Westminster government have led to restrictions on the day-to-day lives of forced migrants in Wales and their ability to integrate. It argues that in a system of multi-level governance, the Welsh Government’s vision of being a ‘Nation of Sanctuary’ and for integration from day one remains difficult to achieve when immigration and asylum remain matters reserved to Westminster.

Canada - A Long Way To Go: The Designated Country of Origin Policy and Refugee Protection

The Designated Country of Origin (DCO) policy was a political response to unwanted migration in Canada. Adapted from Europe, Harper took a liking to the EU’s SCO policy after Canada received a large influx of Middle Eastern and Balkan refugees seeking asylum. He adapted it in Canada, renaming it Designated Country of Origin (DCO). Under the DCO, the government of Canada would decide if a refugee's country of origin was dangerous enough to be considered for asylum. If the asylum seekers country is determined as safe, that person would be disregarded and sent back to their country of origin. Many refugees who had already settled in Canada had their files reopened and were told to return to their country of origin. The DCO policy became an integral part of the refugee status determination process in Canada to which some regarded as faulty, inefficient, and unjust. In 2019, the SCO was deemed unconstitutional and violated The Canadian Charter of Rights and Freedoms. Ahmed Hussen, Minister of Immigration, wanted to create an asylum system that was considered fair and efficient. While it is important for an asylum seeker to prove they are truthful about the facts of their case, the DCO policy represents a climate of hostility towards migrants in Canada. In this piece, it will be argued that the DCO policy is a discriminatory migration tool used to “weed out” what the government deems as fake migrants. This policy could deny international protection to those who are genuinely in need. The DCO proves that the nation has a misleading reputation of being welcoming to all who come. The DCO threatened the human rights of asylum seekers who sought refuge in Canada.

CONDITIONS, PROBLEMS, AND SOLUTIONS OF ASSOCIATES AND INTERNATIONAL REFUGEES IN INDONESIA IN THE PERSPECTIVE OF NATIONAL LAW AND INTERNATIONAL LAW

This paper discusses that Indonesia which is not a contracting state to the 1951 Refugee Convention and 1967 Protocol, but still respect human rights of asylum seekers and international refugees on the principle of non-refoulement. By being unable to refuse the asylum seekers, it will result in the accumulation of those who have the potential to disturb the security and order of the Indonesian people. This paper aims to identify conditions, problems, and provide solutions for asylum seekers and refugees in Indonesian territory from the perspective of national law and international law. This writing uses a normative research method with a juridical-normative approach, which refers to the prevailing laws and regulations. The solution that can be provided is the establish regulations regarding the handling of asylum seekers and refugees, improving communication with the main destination countries, conduct training for officer in dealing with asylum seekers and refugees, and optimally applying the Global Compact on Refugee concept. The results of this paper indicate that national law and international law can provide protection for asylum seekers and refugees.

Sosyal Hizmet Öğrencilerinin Sığınmacılara İlişkin Algı ve Tutumları: Bir Vakıf Üniversitesi Örneği

Göç olgusu, sebep ve sonuçları bakımından ülkelerin kamu politikaları üretmelerini teşvik eden itici bir güç olmaktadır. Aynı zamanda dünyada politika rejimlerindeki radikalleşme ve farklı dengeler ışığında önemli bir koz ya da handikap olabilmektedir. Ne var ki, söz konusu stratejilerin ülkeler lehine avantajları var gibi görünse de doğdukları ya da vatandaşı oldukları ülkeden bir yere hareket etmek zorunda kalanlar için çok boyutlu bir sosyal dışlanma sürecine kapı aralamaktadır. Bu durumda göçmenler, statüleri gereği çeşitli politik, ekonomik ve sosyal argümanlarla yüzleşmek zorunda kalmaktadırlar. Sosyal hizmet disiplini ise ekonomik, politik ve sosyal boyutlarıyla dışlanma yaşayan göçmen grupların, bulundukları ülkede birtakım hizmetlere erişiminde aracı rol oynamakta, sosyal çalışmacılar ise psiko-sosyal açıdan önemli görevler icra etmektedirler. Bu çalışmanın amacı, geleceğin sosyal çalışmacıları olarak sosyal hizmet eğitimi almakta olan öğrencilerin mesleki anlayışları çerçevesinde sığınmacılara yönelik tutumlarının anlamlı bir fark oluşturup oluşturmadığını ortaya koymaktır. Çalışmada elde edilen bulgulara göre, sosyal hizmet öğrencilerinin sığınmacılara karşı oldukça olumlu bir tutum sergiledikleri, haklarını savunmada onların yanlarında oldukları söylenebilir. Kısaca, mesleklerinin gereği olarak öğrenciler, sığınmacıların haklarının sağlanması için yoğunlukla destekleyici olmaktadır. İkili karşılaştırmalar neticesinde, lisans öğrencilerinin ön lisans öğrencilerine göre radikal olmayan çözüm stratejileri üretme hususunda daha kabullenici oldukları görülmektedir. Ayrıca öğrencilerin cinsiyetinin sığınmacılara yönelik tutumlarında etkili olmadığı görülmektedir.

Safeguarding the Integrity of the Asylum System and the Moral Rights of Rejected Asylum Seekers: A Conditional Right to Remain

Following the 2015 refugee crisis, concerns about the integrity and the sustainability of the asylum system have deepened. Policies that aim to deter ingenuine asylum seeking through economic and social rights restrictions, and the swift return of those whose protection claim has been rejected, have consequently increased. However, this goal is in tension with moral claims of asylum seekers during the asylum process, and also with a potential right of rejected asylum seekers to remain, if they have developed social ties in the receiving society during the lengthy asylum process. Taking the perspective of an ethical policy maker, this working paper develops guidelines towards a policy response to the dilemma between maintaining the integrity and sustainability of the asylum system and the moral rights of rejected asylum seekers. The working paper argues that restricting the rights of asylum seekers and reducing the length of the asylum process raise ethical concerns and practical problems. Rejected asylum seekers should be treated differently depending on their normative attitude to the refugee system. Those who have made their claim in good faith should have a social membership-based right to remain in the host society. By contrast, those rejected asylum seekers who have made disingenuous claims in bad faith should be legitimately returned.