Asylum seeker explained

Group:Asylum Seekers by Country of Origin
Total:6,858,499[1]
Total Year:2023
Region1:Venezuela
Pop1:1,200,130
Region2:Cuba
Pop2:329,692
Region3:Nicaragua
Pop3:308,032
Region4:Colombia
Pop4:301,824
Region5:Afghanistan
Pop5:296,033
Region6:Sudan
Pop6:253,902
Region7:Haiti
Pop7:228,443
Region8:Honduras
Pop8:216,873
Region9:Iraq
Pop9:192,202
Region10:Syria
Pop10:182,954
Region11:Somalia
Pop11:179,224
Region12:Guatemala
Pop12:176,035
Region13:Mexico
Pop13:156,309
Region14:Democratic Republic of the Congo
Pop14:153,142
Region15:India
Pop15:142,607
Region16:Ethiopia
Pop16:139,424
Region17:China
Pop17:137,143
Region18:El Salvador
Pop18:133,042
Region19:Russia
Pop19:114,669
Region20:Eritrea
Pop20:104,892
Region21:Unknown
Pop21:95,550
Group:Asylum Seekers by Country of Asylum
Total:6,858,499[2]
Total Year:2023
Region1:USA
Pop1:2,601,467
Region2:Peru
Pop2:508,429
Region3:Germany
Pop3:361,493
Region4:Mexico
Pop4:257,396
Region5:Egypt
Pop5:232,244
Region6:Turkey
Pop6:222,069
Region7:Spain
Pop7:204,270
Region8:Canada
Pop8:197,961
Region9:Costa Rica
Pop9:193,718
Region10:Kenya
Pop10:152,942

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.

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: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. 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.[9] 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[10] and the 1967 Protocol Relating to the Status of Refugees[11] 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.[12] [13]

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.[14]

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.[15] 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:[16]

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.[17]

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.[18]

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.[19]

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. 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.[20] This includes access to medical and psychological care. 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. 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.

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.[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.

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.

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.

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.

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.

Vacation

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

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[30] in line with non-refoulement.[31] 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
Africa Refugee Day
Asylum in AustraliaAsylum Seeker Resource Centre
Uyghur asylum in Albania
Refugees in Azerbaijan
  • National Committee for Refugees (CONARE)
Asylum in Canada Hong Kong asylum seekers in Canada
(incl.)Refugees in Hong KongJustice Centre Hong KongZouxian
American fugitives in Cuba
Asylum in the European Union European refugee crisis
Finnish Refugee CouncilImmigration to Finland
Asylum in France
  • France terre d'asile
  • Office français de protection des réfugiés et apatrides (OFPRA; Office for the Protection of Refugees and Stateless Persons)
Asylum in Germany
2016 Turkish military asylum incident in Greece
Refugees in India
Israeli policy for non-Jewish African refugees
Latin AmericaCartagena Declaration on Refugees[34]
Refugees in New ZealandRefugee Status Appeals Authority
Refugees in NorwayNorwegian Refugee CouncilRafał Gaweł
(incl.)Refugees and asylum in RussiaEdward Lee Howard
Refugees in South KoreaRefugees on Jeju Island
Asylum in the UK Jews escaping to the United Kingdom
(incl.) Organizations:

Documentation:

Campaigns/initiatives:

Asylum in the United States Operation Provide Comfort

See also

Related organizations

References

Notes

Further reading

Notes and References

  1. Web site: Refugee Data Finder . UNHCR.
  2. Web site: Refugee Data Finder . UNHCR.
  3. https://www.un.org/en/about-us/universal-declaration-of-human-rights Universal Declaration of Human Rights, Article 14
  4. Horning, A. . Double-edged risk: unaccompanied minor refugees (UMRs) in Sweden and their search for safety.. Journal of Refugee Studies. 2020. 33 . 2 . 390–415 . 2020-09-27. 10.1093/jrs/feaa034.
  5. Web site: Asylee Definition & Meaning - Merriam-Webster.
  6. Web site: United Nations High Commissioner for Refugees. Asylum-Seekers. 2016-07-16. Unhcr.org.
  7. Handbook on European law relating to asylum, borders and immigration, 2014, page 83
  8. https://www.unhcr.org/media/convention-and-protocol-relating-status-refugees Convention Relating to the Status of Refugees, UN, 1951
  9. María-Teresa Gil-Bazo, 2006: Refugee status, subsidiary protection, and the right to be granted asylum under EC law; Research Paper No. 136, page 7
  10. https://www.unhcr.org/media/convention-and-protocol-relating-status-refugees Convention Relating to the Status of Refugees, UN, 1951
  11. Web site: Convention and Protocol Relating to the Status of Refugees, 1967.
  12. Web site: Asylum Policy Instruction: Assessing credibility and refugee status . August 31, 2015 . dead . https://web.archive.org/web/20160312090850/https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/397778/ASSESSING_CREDIBILITY_AND_REFUGEE_STATUS_V9_0.pdf . March 12, 2016 .
  13. Web site: Assessment of Credibility in Claims for Refugee Protection - Immigration and Refugee Board of Canada . Irb-cisr.gc.ca . 2016-07-16.
  14. Web site: Improving consistency in decision-making . ALRC . 2011-12-19 . 2015-12-18 . 22 December 2015 . https://web.archive.org/web/20151222110554/http://www.alrc.gov.au/publications/22-refugee-law/improving-consistency-decision-making . dead .
  15. María-Teresa Gil-Bazo, 2006: Refugee status, subsidiary protection,and the right to be granted asylum under EC law; Research Paper No. 136, page 10
  16. https://www.unhcr.org/refugee-statistics/download/?url=Q0FsSx Refugee Data Finder, Dataset Asylum decisions, Population types Asylum-seeker, UNHCR
  17. Web site: UNHCR Resettlement Handbook, United Nations High Commissioner for Refugees, 2011, page 19 . https://web.archive.org/web/20141003162636/http://www.unhcr.org/46f7c0ee2.pdf . dead . 2014-10-03.
  18. McNamara . Robert G. Tikka . Pia . Well-Founded Fear of Algorithms or Algorithms of Well-Founded Fear? Hybrid Intelligence in Automated Asylum Seeker Interviews . Journal of Refugee Studies . 2023 . 36 . 2 . 238–270 . 10.1093/jrs/feac067 .
  19. Shaw, Jan "Will the UK Continue to Have One in Four Refused Asylum Cases Overturned on Appeal?", The Huffington Post, 18 April 2013. Retrieved 20 March 2014.
  20. Schneider . C. . Joos . S. . Bozorgmehr . K. . 2015 . Disparities in health and access to healthcare between asylum seekers and residents in Germany: a population-based cross-sectional feasibility study . BMJ Open . 5 . 11. e008784 . 10.1136/bmjopen-2015-008784 . 26537498 . 4636623.
  21. Lee. Eun Su. Szkudlarek. Betina. Nguyen. Duc Cuong. Nardon. Luciara. April 2020. Unveiling the Canvas Ceiling : A Multidisciplinary Literature Review of Refugee Employment and Workforce Integration. International Journal of Management Reviews. en. 22. 2. 193–216. 10.1111/ijmr.12222. 216204168. 1460-8545.
  22. Szkudlarek. Betina. Nardon. Luciara. Osland. Joyce S.. Adler. Nancy J.. Lee. Eun Su. August 2021. When Context Matters: What Happens to International Theory When Researchers Study Refugees. Academy of Management Perspectives. en. 35. 3. 461–484. 10.5465/amp.2018.0150. 1558-9080. subscription.
  23. Lee. Eun Su. Szkudlarek. Betina. 2021-04-14. Refugee employment support: The HRM–CSR nexus and stakeholder co-dependency. Human Resource Management Journal. 31. 4. en. 1748–8583.12352. 10.1111/1748-8583.12352. 234855263. 0954-5395.
  24. Resettlement: where’s the evidence, what’sthe strategy?, Alexander Betts, Forced Migration Review 54, January 2017, page 73
  25. Keselman . etal . Olga . 2008 . Mediated communication with minors in asylum-seeking hearings. . Journal of Refugee Studies . 21 . 103–116. 10.1093/jrs/fem051 .
  26. Catharina F. . van der Boor . Rebekah . Amos . Sarah . Nevitt . Christopher . Dowrick . Ross G. . White . Systematic review of factors associated with quality of life of asylum seekers and refugees in high-income countries . Conflict and Health . 2020 . 14 . 14 . 48 . 7473035 . 10.1080/20008198.2020.1771008 . 32699551 . 8653932484 . 1752-1505 .
  27. Bishop . Sarah C. . 2022-04-03 . "What does a torture survivor look like?" Nonverbal communication in US asylum interviews and hearings . Journal of International and Intercultural Communication . en . 15 . 2 . 185–203 . 10.1080/17513057.2021.1881146 . 1751-3057.
  28. Web site: New refugees face homelessness and destitution . Refugeecouncil.org.uk . 2014-05-07 . 2016-07-16.
  29. Web site: Salameh . Khaled . Do refugees travel to their home countries on vacation? – DW – 09/11/2017 . dw.com . 11 September 2017 . 15 August 2024.
  30. Zetter, Roger, et al. "An assessment of the impact of asylum policies in Europe, 1990-2000." Home Office Online Report 17.03 (2003).
  31. https://heinonline.org/HOL/P?h=hein.journals/wisint32&i=371 Vang, Jerry. "Limitations of the Customary International Principle of Non-Refoulement on Non-Party States: Thailand Repatriates the Remaining Hmong-Lao Regardless of International Norms." Wis. Int'l LJ 32 (2014): 355.
  32. Web site: EDAL | European Database of Asylum Law.
  33. "Code de l'entrée et du séjour des étrangers et du droit d'asile [in French]. Légifrance. Updated 27 November 2020. Retrieved 4 December 2020.
  34. Adopted by Belize, Colombia, Costa Rica, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, and Venezuela
  35. https://oramrefugee.org/ Home page