Asylum seeker

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Asylum Seekers by Country of Origin
Total population
6,858,499 [1] (2023)
Regions with significant populations
Venezuela 1,200,130
Cuba 329,692
Nicaragua 308,032
Colombia 301,824
Afghanistan 296,033
Sudan 253,902
Haiti 228,443
Honduras 216,873
Iraq 192,202
Syria 182,954
Somalia 179,224
Guatemala 176,035
Mexico 156,309
Democratic Republic of the Congo 153,142
India 142,607
Ethiopia 139,424
China 137,143
El Salvador 133,042
Russia 114,669
Eritrea 104,892
Unknown95,550
Asylum Seekers by Country of Asylum
Total population
6,858,499 [2] (2023)
Regions with significant populations
USA 2,601,467
Peru 508,429
Germany 361,493
Mexico 257,396
Egypt 232,244
Turkey 222,069
Spain 204,270
Canada 197,961
Costa Rica 193,718
Kenya 152,942

An asylum seeker is a person who leaves their country of residence, enters another country, and makes in that other country a formal application for the right of asylum according to the Universal Declaration of Human Rights Article 14. [3] A person keeps the status of asylum seeker until the right of asylum application has concluded.

Contents

The relevant immigration authorities of the country of asylum determine whether the asylum seeker will be granted the right of asylum protection or whether asylum will be refused and the asylum seeker becomes an illegal immigrant who may be asked to leave the country and may even be deported in line with non-refoulement. Signatories to the Universal Declaration of Human Rights [3] create their own policies for assessing the protection status of asylum seekers, and the proportion of asylum applicants who are accepted or rejected varies each year from country to country.

The asylum seeker may be simultaneously recognized as a refugee [4] and given refugee status if their circumstances fall into the definition of refugee according to the Convention relating to the Status of Refugees [4] or regionally applicable refugee laws—such as the European Convention on Human Rights, if within the European Union.

The terms asylum seeker, refugee and illegal immigrant are often confused. In North American English, the term asylee is used both for an asylum seeker, as defined above, and a person whose right of asylum has been granted. [5] On average, about 1-2 million people apply globally for asylum every year. [6]

Asylum and protection

The right of asylum according to the Article 14 of Universal Declaration of Human Rights:

1. Everyone has the right to seek and to enjoy in other countries asylum from persecution.

2. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

Asylum seekers who have committed crimes against peace, a war crime or a crime against humanity, or other non-political crimes, or whose actions are contrary to the purposes and principles of the United Nations, are excluded from international protection. [7] This asylum right is also included in 1951 Convention Relating to the Status of Refugees [8] and 1967 Protocol Relating to the Status of Refugees. [9] As of 1 July 2013, there were 145 parties to the 1951 Refugee Convention and 146 to the 1967 Protocol. These states are bound by an obligation under international law to grant asylum to people who fall within the definition of Convention and Protocol. [10] Persons who do not fall within this definition may still be granted refugee according to the refugee definitions of 1951 Convention Relating to the Status of Refugees [8] and the 1967 Protocol Relating to the Status of Refugees [9] and persons who fall within this definition are called Convention refugees and their status is called Convention refugee status. Complementary forms of protection exist depending on country if the person falls within other refugee definitions.

The practical determination of whether a person obtains the right of asylum or not is most often left to certain government agencies within the host country. In some countries the refugee status determination (RSD) is done by the UNHCR. The burden of substantiating an asylum claim lies with the claimant, who must establish that they qualify for protection. [11] [12]

In many countries, country-of-origin information is used by migration officials as part of the assessment of asylum claims, and governments commission research into the accuracy of their country reports. Some countries have studied the rejection rates of their migration officials making decisions, finding that individuals reject more applicants than others assessing similar cases—and migration officials are required to standardise the reasons for accepting or rejecting claims, so that the decision of one adjudicator is consistent with what their colleagues decide. [13]

Subsidiary protection status

Subsidiary protection is an international protection for persons seeking asylum who do not qualify as refugees. It is an option to get asylum for those who do not have a well-founded fear of persecution (which is required for refugee status according to the 1951 Convention), but do indeed have a substantial risk to be subjected to torture or to a serious harm if they are returned to their country of origin, for reasons that include war, violence, conflict and massive violations of human rights. [14] The Universal Declaration of Human Rights and European Union law have a broader definition of who is entitled to asylum.

Temporary protection visa

Temporary protection visas are used to persons in Australia who applied for refugee status after making an unauthorised arrival. It is the main type of visa issued to refugees when released from Australian immigration detention facilities and they are required to reapply for it every three years.

Statistics of asylum decisions

Outcomes of asylum applications 2000-2023 according to UNHCR: [15]

Status determination processes

Group determination

Asylum seekers may be given refugee status on a group basis. Refugees who went through the group status determination are also referred to as prima facie refugees. This is done in situations when the reasons for seeking refugee status are generally well known and individual assessment would otherwise overwhelm the capacities of assessors. Group determination is more readily done in states that not only have accepted the refugee definition of the 1951 Convention, but also use a refugee definition that includes people fleeing indiscriminate or generalized violence, which are not covered in the 1951 Convention. [16]

Individual assessment

For persons who do not come into the country as part of a bigger group, individual asylum interviews are conducted to establish whether the person has sufficient reasons for seeking asylum. Meanwhile, high numbers of asylum seekers necessitate governments to provide machine learning systems to assist both asylum seekers and immigration officers in performing fair and just assessments. [17]

Appeals

In many countries, asylum applicants can challenge a rejection by challenging the decision in a court or migration review panel. In the United Kingdom, more than one in four decisions to refuse an asylum seeker protection are overturned by immigration judges. [18]

Rights of asylum seekers

Whilst waiting for a decision asylum seekers have limited rights in the country of asylum. In most countries they are not allowed to work and in some countries not even to volunteer. In some countries they are not allowed to move freely within the country.[ citation needed ] Even access to health care is limited. In the European Union, those who have yet to be granted official status as refugees and are still within the asylum process have some restricted rights to healthcare access. [19] This includes access to medical and psychological care. [19] However, these may vary depending on the host country. For instance, under the Asylum Seekers Benefits Act (Asylbewerberleistungsgesetz) in Germany, asylum seekers are outside primary care and are limited to emergency health care, vaccinations, pregnancy and childbirth with limitations on specialty care. [19] Asylum seekers have greater chance of experiencing unmet health needs as compared to the general German population. Asylum seekers also have greater odds of hospital admissions and at least one visit to a psychotherapist relative to the German general population.[ citation needed ]

Concerns in asylum-seeking processes

Research suggests cross-sector collaboration is key to assist refugees and asylum seekers resettle and integrate into receiving communities, workplaces and schools. [20] [21] [22] [23]

Non-governmental organizations concerned with refugees and asylum seekers have pointed out difficulties for displaced persons to seek asylum in industrialized countries. As the immigration policy in many countries often focuses on the fight of illegal immigration and the strengthening of border controls, it deters displaced persons from entering territory in which they could lodge an asylum claim. The lack of opportunities to legally access the asylum procedures can force displaced persons to undertake often expensive and hazardous attempts at illegal entry.

In recent years, the public as well as policy makers of many countries are focusing more and more on refugees arriving through third country resettlement and pay less and less attention to asylum seekers and those who have already been granted refugee status but did not come through resettlement. Asylum seekers have even been referred to as 'queue jumpers', because they did not wait for their chance to be resettled. [24]

Legal interpreters are assigned to assist asylum seekers throughout interviews and court proceedings. These legal interpreters reflect the training they received in the training program they were certified in. The accuracy of the legal interpretation may vary depending on the training received from the interpreter and potential biases they carry coming into the interpreting session. Lack of training in asylum settings may influence interpretation sessions. [25]

Quality of life of asylum seekers and refugees is highly correlated with the mental health status. The presence of mental disorders like depression or PTSD is mainly due to the forced migration and the resettlement in host countries. [26]

Challenges in Relaying Trauma and Experiences

Asylum seekers encounter significant challenges in effectively conveying their traumatic experiences during the asylum application process. A comprehensive study by Sarah C. Bishop, examining nonverbal communication in US asylum interviews and hearings, highlights several critical elements influencing asylum seekers' ability to articulate their narratives. [27]

The study underscores the complexity of asylum seekers' narratives, often shaped by emotional distress and the need to recount traumatic events within strict timelines. This pressure contributes to fragmented storytelling. This case leads to difficulties in presenting a coherent account of their experiences. [27]

Language barriers further compound these challenges. Asylum seekers' linguistic disparities and stress during interviews impede their ability to articulate experiences accurately. Stress-induced memory lapses contribute to incomplete or non-sequential storytelling, affecting the quality and coherence of their narratives. [27]

Additionally, the study delves into nonverbal communication complexities, particularly regarding eye contact and credibility within asylum hearings. Cultural variations in eye contact influence credibility assessments, potentially leading to misinterpretations by immigration personnel. Differing cultural expectations impact asylum seekers' credibility assessments, potentially affecting the outcomes of their claims. [27]

Destitution

Because asylum seekers often have to wait for months or years for the results of their asylum applications and because they are usually not allowed to work and only receive minimal or no financial support, destitution is a considerable risk.[ citation needed ]

Asylum seekers usually get some kind of support from governments whilst their application is processed. However, in some countries this support ends immediately once they are given refugee status. But the fact that they were given refugee status does not mean that they were already given all the documents they need for starting their new lives. [28] Long waiting times significantly reduce the likelihood to obtain a job and the social integration of refugees. [26]

Vacation

Asylum seekers vacationing in home country has been argued as a reason for refusal of asylum. [29]

Identity

Absence of identity documents or disputes of identity can make the demonstration of persecution for the right of asylum more complex. [30]

Refusal of asylum

It often happens that the country neither recognizes the refugee status of the asylum seekers nor sees them as legitimate migrants and thus treats them as illegal aliens. If an asylum claim has been rejected, the asylum seeker is said to be refused asylum and called a failed asylum seeker. Some failed asylum seekers return home voluntarily. Depending on the country, failed asylum seekers are allowed to remain temporarily or are forcibly returned [31] in line with non-refoulement. [32] The latter are most often placed in immigration detention before being deported.

Asylum and refugee law by jurisdiction

JurisdictionArticlePast and present legislation/treatiesRelated organizations and programsRelated events and people
Flag of the African Union.svg  African Union Africa Refugee Day
Flag of Australia (converted).svg  Australia Asylum in Australia Asylum Seeker Resource Centre
Flag of Albania.svg  Albania Uyghur asylum in Albania
Flag of Azerbaijan.svg  Azerbaijan Refugees in Azerbaijan
Flag of Brazil.svg  Brazil
Flag of Canada (Pantone).svg  Canada Asylum in Canada Hong Kong asylum seekers in Canada
Flag of the People's Republic of China.svg  China

(incl. Flag of Hong Kong.svg  Hong Kong)

Refugees in Hong Kong Justice Centre Hong Kong Zouxian
Flag of Cuba.svg  Cuba American fugitives in Cuba
Flag of Denmark.svg  Denmark
Flag of Europe.svg  Europe Asylum in the European Union European refugee crisis
Flag of Finland.svg  Finland Finnish Refugee Council Immigration to Finland
Flag of France.svg  France Asylum in France
Flag of Germany.svg  Germany Asylum in Germany
Flag of Greece.svg  Greece 2016 Turkish military asylum incident in Greece
Flag of India.svg  India Refugees in India
Flag of Ireland.svg  Ireland
Flag of Israel.svg  Israel Israeli policy for non-Jewish African refugees
  Latin America Cartagena Declaration on Refugees [i]
Flag of the Arab League.svg  Middle East
Flag of New Zealand.svg  New Zealand Refugees in New Zealand Refugee Status Appeals Authority
Flag of Norway.svg  Norway Refugees in Norway Norwegian Refugee Council Rafał Gaweł
Flag of Russia.svg  Russia (incl. Flag of the Soviet Union.svg  Soviet Union) Refugees and asylum in Russia Edward Lee Howard
Flag of South Korea.svg  South Korea Refugees in South Korea Refugees on Jeju Island
Flag of Switzerland (Pantone).svg   Switzerland
Flag of the United Kingdom.svg  UK Asylum in the UK Jews escaping to the United Kingdom
Flag of the United Nations.svg  UN (incl. Symbol of the League of Nations.svg  League of Nations)Organizations:

Documentation:

Campaigns/initiatives:

Flag of the United States.svg  US Asylum in the United States Operation Provide Comfort

See also

Related Research Articles

The Office of the United Nations High Commissioner for Refugees (UNHCR) is a United Nations agency mandated to aid and protect refugees, forcibly displaced communities, and stateless people, and to assist in their voluntary repatriation, local integration or resettlement to a third country. It is headquartered in Geneva, Switzerland, and has 20,305 staff working in 136 countries as of December 2023.

<span class="mw-page-title-main">Refugee</span> Displaced person

A refugee, according to the United Nations High Commissioner for Refugees (UNHCR), is a person "forced to flee their own country and seek safety in another country. They are unable to return to their own country because of feared persecution as a result of who they are, what they believe in or say, or because of armed conflict, violence or serious public disorder." Such a person may be called an asylum seeker until granted refugee status by a contracting state or by the UNHCR if they formally make a claim for asylum.

<span class="mw-page-title-main">Forced displacement</span> Coerced movement of a person or persons away from their home or home region

Forced displacement is an involuntary or coerced movement of a person or people away from their home or home region. The UNHCR defines 'forced displacement' as follows: displaced "as a result of persecution, conflict, generalized violence or human rights violations".

Refugee law is the branch of international law which deals with the rights and duties states have vis-a-vis refugees. There are differences of opinion among international law scholars as to the relationship between refugee law and international human rights law or humanitarian law.

The right of asylum, sometimes called right of political asylum, is a juridical concept, under which people persecuted by their own rulers might be protected by another sovereign authority, such as a second country or another entity which in medieval times could offer sanctuary. This right was recognized by the Ancient Egyptians, the Greeks, and the Hebrews, from whom it was adopted into Western tradition. René Descartes fled to the Netherlands, Voltaire to England, and Thomas Hobbes to France, because each state offered protection to persecuted foreigners. Contemporary right of asylum is founded on the non-binding Universal Declaration of Human Rights.

<span class="mw-page-title-main">Convention Relating to the Status of Refugees</span> United Nations multilateral treaty

The Convention Relating to the Status of Refugees, also known as the 1951 Refugee Convention or the Geneva Convention of 28 July 1951 is a United Nations multilateral treaty that defines who a refugee is and sets out the rights of individuals who are granted asylum and the responsibilities of nations that grant asylum. The convention also sets out which people do not qualify as refugees, such as war criminals. The convention also provides for some visa-free travel for holders of refugee travel documents issued under the convention.

Non-refoulement is a fundamental principle of international law anchored in the Convention Relating to the Status of Refugees that forbids a country from deporting any person to any country in which their "life or freedom would be threatened" on account of "race, religion, nationality, membership of a particular social group or political opinion". The only exception to non-refoulement according to Convention Relating to the Status of Refugees are "reasonable grounds" of "danger to the security of the country" or "danger to the community of that country". Unlike political asylum, which applies only to those who can prove a well-grounded fear of political persecution, non-refoulement refers to the generic deportation of people, including refugees into war zones and other disaster locales.

World Refugee Day is an international day organised every year on 20 June by the United Nations. It is designed to celebrate and honour refugees from around the world. The day was first established on 20 June 2001, in recognition of the 50th anniversary of the 1951 Convention Relating to the Status of Refugees.

<span class="mw-page-title-main">Asylum in the United States</span> Overview of the situation of the right for asylum in the United States of America

The United States recognizes the right of asylum for individuals seeking protections from persecution, as specified by international and federal law. People who seek protection while outside the U.S. are termed refugees, while people who seek protection from inside the U.S. are termed asylum seekers. Those who are granted asylum are termed asylees.

An unaccompanied minor is a child without the presence of a legal guardian.

Refugees in Hong Kong have formed historic waves arriving in the city due to wars in the region and Hong Kong's historical role as a trading and transit entrepôt. More recently those seeking asylum or protection based on torture claims are a fast growing part of the city's population, increasing since 2004 due to changes in the legal system for considering asylum and torture claims mandated by local courts.

The Russian Federation's Law on Refugees defines who is a refugee for purposes of obtaining asylum in the country. The Law defines a refugee as a "person who is outside their country of nationality or habitual residence; has a well-founded fear of persecution because of their race, religion, nationality, membership in a particular social group or political opinion; and is unable or unwilling to avail themself of the protection of that country, or to return there, for fear of persecution". Upon receiving an asylum seeker's application, the Russian Migration Service determines whether the asylum seeker meets the legislative definition of a "refugee" and should be granted asylum.

The United Nations High Commissioner for Refugees Representation in Cyprus is an office of the United Nations High Commissioner for Refugees (UNHCR) opened in August 1974 upon the request of the Government of Cyprus and the Secretary-General of the United Nations. UNHCR Representation in Cyprus was designated as Coordinator of the United Nations Humanitarian Assistance for Cyprus. UNHCR was also responsible upon the request of the Cyprus Government to examine applications for refugee status.

<i>Plaintiff M70 v Minister for Immigration</i> Judgement of the High Court of Australia

Plaintiff M70 is a decision by the High Court of Australia. The lawsuit concerned an injunction sought by multiple Afghan asylum seekers against immigration minister Chris Bowen. The injunction was to prevent Bowen from deporting the plaintiffs to Malaysia, pursuant to s198A of the Migration Act. The purpose of the deportation was to avoid their asylum application from being assessed by Australia.

LGBT migration is the movement of lesbian, gay, bisexual and transgender (LGBT) people around the world or within one country. LGBT individuals choose to migrate so as to escape discrimination, bad treatment and negative attitudes due to their sexuality, including homophobia and transphobia. These people are inclined to be marginalized and face socio-economic challenges in their home countries. Globally and domestically, many LGBT people attempt to leave discriminatory regions in search of more tolerant ones.

Third country resettlement or refugee resettlement is, according to the UNHCR, one of three durable solutions for refugees who fled their home country. Resettled refugees have the right to reside long-term or permanently in the country of resettlement and may also have the right to become citizens of that country.

The Organisation of African Unity (OAU) Convention Governing the Specific Aspects of Refugee Problems in Africa, also called the OAU Refugee Convention, or the 1969 Refugee Convention, is regional legal instrument governing refugee protection in Africa. It comprises 15 articles and was enacted in Addis Ababa on September 10, 1969, and entered into forced on June 20, 1974. It builds on the 1951 Refugee Convention and the 1967 Protocol and it has influenced the 1984 Cartagena Declaration and the 2009 Kampala Convention. The 1969 Refugee Convention's historical context is the era of decolonization, Apartheid, as well as internal political and military uprisings.

The Cartagena Declaration on Refugees, or just Cartagena Declaration, is a non-binding regional, i.e. Latin-American, instrument for the protection of refugees and was adopted in 1984 by delegates from 10 Latin-American countries: Belize, Colombia, Costa Rica, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama and Venezuela. The Declaration has since been incorporated into the national laws and state practices of 14 countries.

Seeking asylum in France is a legal right that is admitted by the constitution of France. Meanwhile, the status of recognized asylum seekers is protected by corresponding laws and Convention Relating to the Status of Refugees, which France signed on 25 July 1951. France is considered to be one of the main asylum host countries in Europe. According to statistics collected by the World Bank, in 2021 there were 499,914 refugees registered in France. Asylum policies in France are regarded as a concerned topic among the public and politicians, and some controversies also exist in the current system of French asylum policies, such as issues on the assimilation policy, national security problems and living conditions of asylum seekers.

Refugee employment refers to the employment of refugees. Gaining access to legal paid work can be a requirement for asylum status or citizenship in a host country and may be done with or without the assistance of non-governmental organizations. In some specific cases, refugees may also be given work by NGO's while en route to their intended destination. The latter may occur, if the intended destination country have closed their borders to migrants, and if staying in the origin country isn't an option either.

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Notes

  1. Adopted by Belize, Colombia, Costa Rica, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, and Venezuela

Further reading