Asylum shopping

Last updated

Asylum shopping is a term for the practice by some asylum seekers of applying for asylum in several states or seeking to apply in a particular state after traveling through other states. [1] It is used mostly in the context of the European Union and the Schengen Area, but has also been used by the Federal Court of Canada. [2]

Refugees and asylum-seekers are protected by international convention under the principle of non-refoulement, which establishes that a country cannot force someone seeking refuge to return to a country of origin if the person is likely to be persecuted there. The Dublin Convention covering the European Union stipulates that asylum seekers are returned to the country where their entry into the union was first recorded, and where they were first fingerprinted. Another objective of this policy is to prevent asylum seekers in orbit, i.e., to prevent the continual transfer of asylum seekers between countries trying to get others to accept them. [3] [4] One of the objectives of the Police and Judicial Co-operation in Criminal Matters is to prevent so-called "asylum shopping." [5]

European law, the Dublin Regulation, requires that asylum seekers have their asylum claim registered in the first country they arrive in, [6] and that the decision of the first EU country they apply in is the final decision in all EU countries. However, among some asylum seekers, fingerprinting and registration is vehemently resisted in countries that are not asylum-seeker friendly. For example, some people seek to apply for asylum in Germany and Sweden where a more serious approach to welfare and integration support is taken, [7] and fundamental rights are more likely to be met. [8]

Some asylum seekers reportedly burned their fingers to avoid fingerprint record control in Italy so that they could apply for asylum in a different country. [9] The fingerprint record, known as the Eurodac system, is used to intercept multiple or false asylum claims. [10] In Ireland, two-thirds of asylum seekers whose applications failed were found to be already known to the British border authorities, a third of the time under a different nationality, such as Tanzanians claiming to be fleeing persecution in Somalia. [11]

See also

Related Research Articles

An asylum seeker is a person who leaves their country of residence, enters another country and applies for asylum in that other country. An asylum seeker is an immigrant who is making a claim to have been forcibly displaced and might have fled their home country because of war or other factors harming them or their family. If their case is accepted, they become considered a refugee. The terms asylum seeker, refugee and illegal immigrant are often confused.

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.

<span class="mw-page-title-main">Dublin Regulation</span> European Union (EU) law regarding political asylum

The Dublin Regulation is a Regulation of the European Union that determines which EU member state is responsible for the examination of an application for asylum, submitted by persons seeking international protection under the Geneva Convention and the Qualification Directive, within the European Union.

The right of asylum is an ancient 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.

<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 that forbids a country receiving asylum seekers from returning them to a country in which they would be in probable danger of persecution based on "race, religion, nationality, membership of a particular social group or political opinion". Unlike political asylum, which applies to those who can prove a well-grounded fear of persecution based on certain category of persons, non-refoulement refers to the generic repatriation of people, including refugees into war zones and other disaster locales. It is a principle of customary international law, as it applies even to states that are not parties to the 1951 Convention Relating to the Status of Refugees or its 1967 Protocol.

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

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 European Union Visa Information System (VIS) is a database containing information, including biometrics, on visa applications by Third Country Nationals requiring a visa to enter the Schengen area.

Turkish Afghans are citizens of Turkey and non-citizen residents born in or with ancestors from Afghanistan. This group is part of the larger Afghan diaspora around the world. According to latest reports, there are around 129,323 Afghan refugees and asylum seekers in Turkey. The government of Turkey claims that the total Afghan population in its country is around 300,000. At the same time others have mentioned a total of 420,000. This number likely includes citizens, legal residents, visitors, and the aforementioned refugees and asylum seekers. The reason for the different numbers is that there is no proper way to count undocumented foreign nationals in a country.

LGBT migration is the movement of lesbians, gays, bisexuals and transgenders (LGBT) 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 homophibia 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.

The right of asylum for victims of political persecution is a basic right stipulated in the Constitution of Germany. In a wider sense, the right of asylum recognises the definition of 'refugee' as established in the 1951 Refugee Convention and is understood to protect asylum seekers from deportation and grant them certain protections under the law. Generally, these protections are a part of the asylum procedure itself and are verified by the Federal Office For Migration and Refugees without any further application.

Transnational child protection refers to the protection of children from violence, exploitation, abuse and neglect in an international setting. When a non-national child comes into contact with public authorities and service providers, a series of checks, assessments and immediate measures sets in to identify the child and to assess her or his situation. Article 19 of the UN Convention on the Rights of the Child provides for the protection of children in and out of the home, including in their country of origin, residence or a third country. Article 2 of the Convention provides for the right to non-discrimination, meaning children have the right to protection regardless of the national origin or status of the child or his or her parents or legal guardians.

<span class="mw-page-title-main">Asylum, Migration and Integration Fund</span>

The European Commission's Asylum, Migration and Integration Fund is a funding programme managed by the Directorate-General for Migration and Home Affairs which promotes the efficient management of migration flows and the implementation, strengthening and development of a common approach to asylum and immigration in the European Union. All EU Member States except Denmark participate in the implementation of this Fund. Most of the funds are provided to the EU Member States for activities addressing previously agreed upon themes. A part of the funding is reserved for emergency assistance. A final part is reserved for Union Actions, which are European Commission managed projects that are developed as either calls for proposals, direct awards, procurements, or delegation agreements.

<span class="mw-page-title-main">Voluntary return</span>

Voluntary return or voluntary repatriation is usually the return of an illegal immigrant or over-stayer, a rejected asylum seeker, a refugee or displaced person, or an unaccompanied minor; sometimes it is the emigration of a second-generation immigrant who makes an autonomous decision to return to their ethnic homeland when they are unable or unwilling to remain in the host country.

eu-LISA

The European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) is an agency of the European Union (EU) that was founded in 2011 to ensure the uninterrupted operation of large-scale IT systems within the area of freedom, security and justice (AFSJ), that are instrumental in the implementation of the asylum, border management and migration policies of the EU. It began its operational activities on 1 December 2012.

The migration and asylum policy of the European Union is within the area of freedom, security and justice, established to develop and harmonise principles and measures used by member countries of the European Union to regulate migration processes and to manage issues concerning asylum and refugee status in the European Union.

Pushback is a term that refers to "a set of state measures by which refugees and migrants are forced back over a border – generally immediately after they crossed it – without consideration of their individual circumstances and without any possibility to apply for asylum". Pushbacks violate the prohibition of collective expulsion of asylum seekers in Protocol 4 of the European Convention on Human Rights and often violate the international law prohibition on non-refoulement.

Since at least 2008, Greece has pushed back tens of thousands of migrants, especially at the Evros border with Turkey and in the Aegean Sea. On land, the pushbacks involve taking people who have arrived at the Greek side of the border and transferring them to the Turkish side; most cases involve some form of abuse. Maritime pushbacks typically involve taking migrants who have either entered Greek territorial waters or landed on Greek islands and depositing them in Turkish territorial waters on craft without any means of propulsion. The number of pushbacks has increased following the European migrant crisis and breakdown in EU–Turkey relations in 2020. This incident occurred as a result of Turkey ceasing to prevent migrants from leaving for the European Union in February 2020, and in some instances actively encouraging them.

References

  1. Horning, Amber; Jordenö, Sara V.; Savoie, Nicole (2020). "Double-edged risk: Unaccompanied minor refugees (UMRs) in Sweden and their search for safety". Journal of Refugee Studies. 33 (2): 390–415. doi:10.1093/jrs/feaa034.
  2. "Asylum Shopping Definition". duhaime.org. Archived from the original on 2018-06-25. Retrieved 2010-12-18.
  3. "Fact Sheet on the Dublin Convention". Archived from the original on 19 March 2005. Retrieved 20 February 2005.
  4. MOORE, K. (2013). ""Asylum Shopping" in the Neoliberal Social Imaginary". Media, Culture & Society. 35 (3): 348–365. doi:10.1177/0163443712472090. S2CID   143866492 . Retrieved 27 September 2020.
  5. Select Committee on European Union Tenth Report , House of Lords
  6. European Parliament (26 June 2013). "Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person". Eur-Lex. Retrieved 4 April 2019.
  7. Yardley, Jim; Pianigiani, Gaia (29 November 2013). "Out of Syria, Into a European Maze". The New York Times . Retrieved 4 December 2013.
  8. "Human rights court deals blow to EU asylum system". EUobserver. 21 January 2011. Retrieved 2021-10-15.
  9. "Dublin regulation leaves asylum seekers with their fingers burnt". The Guardian. London. 7 October 2011. Retrieved 5 December 2014.
  10. "Q&A: Migrants and asylum in the EU". BBC News. 3 March 2016. Retrieved 5 December 2014.
  11. Brady, Tom (21 May 2012). "Two-thirds of failed asylum seekers had used false identities". Independent.ie. Retrieved 5 December 2014.