Restricting asylum: Trends and prospects

The dramatic rise in asylum applications in industrialized countries during the last decade has resulted in the development of an increasingly restrictive asylum regime. The tools these countries have devised for containing and deterring asylum claims—the concepts of Safe Countries of Origin and Safe Third Countries, Manifestly Unfounded Applications, and numerous administrative measures which act as barriers to entry—are targeted specifically at nationals of countries most likely to produce refugees. Additional pre‐entry measures attempt to make the asylum route as difficult as possible through the use of visa requirements and carrier sanctions. For those asylum seekers who manage to make the journey despite these obstacles, the administrative evaluation of their claims is accelerated, the legal procedures shortened, and the opportunities for appeal reduced. In addition, governments are increasingly resorting to bilateral agreements to ensure the readmission of rejected asylum seekers into the countries from or through which they came. The implementation of these measures in many European countries—but also in North America and Australia—are already well on their way, and the trend toward harmonizing these restrictionist responses is likely to continue. Policy makers need to be reminded of the risks of their policies for the basic tenets of asylum and refugee protection.     

Missing the Boat: Australia and Asylum Seeker Deterrence Messaging

Many of Australia's border protection policies have focused on attempts to deter the arrival of asylum seekers by boat. These include government ‘messaging’ in the hope this will influence the decision‐making of would‐be boat arrivals. This article outlines the findings of an exploratory study on the sources of information accessed by asylum seekers, prior to and during their boat journeys to Australia, about their destination country. The findings suggest that government media and Internet strategies focused on deterring asylum seekers are adopted without full regard to how information is sourced before and during these boat journeys.     

‘Taking advantage’ or fleeing persecution? Opposing accounts of asylum seeking

This paper discursively analyses advocates' explanations of asylum seeking in the 2001 Australian parliamentary debates. Previous research has mapped the negative discourses used to present asylum seekers as economic migrants ‘taking advantage’ of soft laws. This paper analyses how advocates oppose this rhetoric, re‐categorising asylum seekers as potential refugees, and establishing Australia as legally and morally responsible for providing protection. This paper examines three influences shaping advocates' arguments: opposing anti‐asylum seeker rhetoric; theories of the formation of anti‐asylum seeker public opinion; and the parliamentary and wider liberal democratic intellectual political framework. It then analyses four extracts taken from political speeches in the parliament, focussing on the rhetorical strategies used to counter a pervasive ‘culture of disbelief’ against asylum seekers.     

East Timorese women asylum seekers in Australia: Extrapolating a case for resettlement services

After up to 10 years of living as asylum seekers in Australia it appears that most of 1650 East Timorese will be granted permanent residency. The present study describes research into the wellbeing of East Timorese women asylum seekers that found severe risks to social and emotional wellbeing associated with prolonged asylum seeker status. The research findings highlighted a need for measures to protect the wellbeing of asylum seekers during the assessment stage of applications for protection visas. The author refers to the research findings to encourage debate around the need for asylum seekers generally to have access to resettlement services as a policy strategy to provide necessary psychological and material support. Arguing that neglect of basic assistance during the assessment phase of protection applications potentially breaches the UN Declaration, the author illustrates individual, community and global benefits of providing adequate support and avenues for personal development to asylum seekers.     

Habitus,Practice and Agency of Young East Timorese Asylum Seekers in Australia

This article explores the process of agency and empowerment through a case study of a group of young East Timorese asylum seekers who arrived in Australia during the 1990s. Using Bourdieu's concept of habitus and his theory of practice, the article considers how the asylum seekers dealt with the challenges of exile and adjusted to Australian society. In addition to the difficulties asylum seekers normally face in exile, such as limited financial and social support and coping with trauma and loss, the East Timorese who arrived during the 1990s faced particular challenges due to the Australian Government's treatment of their cases. The article argues that, despite their vulnerable and liminal position, the asylum seekers were not just passive victims. On the contrary, they were active agents who through practice, consciously or unconsciously, dealt with their liminal situation. Their power to act was positively affected by their young age upon arrival.     

Conversion as a Migration Strategy in a Transit Country: Iranian Shiites Becoming Christians in Turkey

The role of religion during migration processes has been overlooked by scholars in the past although the relationship between religion and migration has a long history. Normally, religion is considered as an integrating agent, but for some Iranian asylum seekers in Turkey, religion and especially religious conversion is used as a tool for migration. This article draws on the migration histories of Iranian asylum seekers in Turkey who initially intended to go further west only to have stayed in Turkey either because of the long procedures of asylum application in Turkey or because they were rejected and have become “illegal aliens” who do not want to return to Iran. Turkey still preserves geographic limitation of the 1951 Geneva Convention on Refugees. Therefore it does not accept non‐European asylum seekers to settle on Turkish soil. Ironically, however, most asylum applications were made by people from the Middle East, mainly from Iran. Based on the extensive fieldwork carried out in various cities in Turkey where the Iranian migrants are heavily concentrated, this article demonstrates how conversion from Shi’a Islam to Christianity is used as a migration strategy and how and to what extent these asylum seekers use religion and their newly acquired social and religious networks within churches of the transit country to reach ultimately the West as refugees. As conversion is sustained through social networks as well as churches and missionaries, this unique situation can be explained by employing the social capital theory within the context of an institutional component.     

The Economy of Seeking Asylum in the Global City

This article explores asylum seeker survival strategies and agency in relation to the structural, post‐industrial conditions that have emerged in Hong Kong. The focus is on the livelihoods of asylum seekers within spaces of illegality and social exclusion, how such spaces are formed, and how asylum seekers exploit local conditions to establish profitable networks across borders. The article considers asylum seekers' engagement in income‐generating activities and the importance of legal status in the sectors of the economy in which they most often work: recycling and trading. Far from being a burden to society or opportunistic deviants taking advantage of Hong Kong's economic prosperity, as they are normally depicted in public discourse, asylum seekers are economically productive. They act in economic spaces in which disadvantaged strata of the local resident population organize their means of survival, thereby improving the economic opportunities for locals.     

Framing asylum seekers: the uses of national and cosmopolitan identity frames in arguments about asylum seekers

Dilemmas around how to deal with asylum seekers who arrive in Australia by boat have been a key driver of political and public discourse for over a decade. In 2012, an ‘Expert Panel on Asylum Seekers’ was established to provide advice to the Australian government about how to deal with the increasingly embarrassing issue of asylum seekers drowning at sea and a parliamentary stalemate on the matter. Using frame analysis to understand how national and post-national identities are being recruited in this debate, this paper analyses submissions to the Panel. We demonstrate how arguments for and against asylum seekers are constructed around nationalism, regionalism and globalism (cosmopolitan). Australia was variously framed as having an alternative national character from that promoted by politicians, as having a key regional role, and hence identity, and as a global citizen (both in reality and in appearance). Contrary to expectations, we found that each frame served as a vehicle through which progressive arguments were articulated, indicating the utility of each in arguing for more humane treatment of ‘Others’.     

The Push and Pull Factors Contributing Towards Asylum Migration from Developing Countries to Developed Countries Since 2000

In the early 2000s, asylum seekers went primarily to destinations their countries had historical relationships, including former colonial ties, common languages and ethnic networks. Since the mid-2000s, there has been a shift towards asylum seekers arriving in destinations without such relationships. In this study, we apply spatial interaction models to understand the factors contributing to recent asylum migration from developing countries to developed countries from 2001 to 2015. We find that the push factors of political terror, civil rights violation and poverty do not result in increased asylum migration to developed countries. Instead, they act to reduce the number of asylum seekers. We also find that interactions between a range of push factors are important for understanding the movements and that immigration policies can have considerable effects on the destination choices of asylum seekers.     

“Infiltrators” or Refugees? An Analysis of Israel's Policy Towards African Asylum-Seekers

This article adopts a genealogical approach in examining Israeli immigration policy by focusing on the situation confronting African asylum seekers who have been forced back into Egypt, detained and deported but who have not had their asylum claims properly assessed. Based on immigration policies formulated at the time of Israeli independence, whose principle objective was to secure a Jewish majority state, we argue that Israel's treatment of African asylum seekers as ‘infiltrators’/economic migrants stems from an insistence on maintaining immigration as a sovereign issue formally isolated from other policy domains. Such an approach is not only in violation of Israel's commitment to the Refugee Convention, it directly contributes to policies which are ineffective and unduly harsh.     

Organized International Asylum‐Seeker Networks: Formation and Utilization by Chinese Students1

This article examines the formation and role of international networks formed by Chinese students living in the West in the late 1980s and early 1990s as part of their efforts to obtain the right to remain in Western countries in the immediate aftermath of the Tiananmen Square violence of June 4, 1989. Various forms of migrant social networks have been a research focus in international refugee and migration studies, but international networks formed by asylum seekers themselves, and their role in asylum‐seeking processes, have been largely ignored. This article is based on a multi‐method comparative study of Chinese students living in Australia and the United States at the time. Their experience provides data for examining and conceptualizing the role of organized international asylum‐seeker networks in the asylum‐seeking process. The analysis focuses on Chinese student lobbying in 1989, led by an independent Chinese student union, which helped “the Pelosi Bill” to be passed by the U.S. Congress. The main strategies adopted by Chinese students in the United States and Australia, as well as their internationally coordinated actions, are compared. Also examined is the role of two politicized international Chinese student organizations, the Chinese Alliance for Democracy and the Federation for Democratic China, in assisting students with obtaining residence.     

Accommodating strangers: British hospitality and the asylum hotel debate

This article examines the accommodation of asylum seekers through Jacques Derrida's ethical writings on hospitality, generosity and parasitism. The differing hospitable spaces of the asylum and the hotel, and of the strange figures of the asylum seeker and the tourist, are discussed with reference to these discourses of “giving” and “taking”, paralleling Derrida's opposition between unconditional hospitality and hospitality‐as‐economy. This “new racism” towards asylum seekers is thus located within the economic sphere, as asylum control is linked to the welfare state and to fears of strangers' parasiting the host nation. However, I argue that it is the nation‐state that parasites asylum seekers both through their defining difference and their contribution to service economies. Ultimately then the asylum hotel does exist, as Stephen Frears' film, Dirty Pretty Things (2002), illustrates.     

ACCOUNTING FOR STATE APPROACHES TO ASYLUM SEEKERS IN AUSTRALIA AND MALAYSIA: THE SIGNIFICANCE OF “NATIONAL” IDENTITY AND “EXCLUSIVE” CITIZENSHIP IN THE STRUGGLE AGAINST “IRREGULAR” MOBILITY

This article uses the case studies of Australia and Malaysia to examine how diverse states in the Asia-Pacific region approach asylum seekers in practice and in discourse. Using a social constructionist approach to identity, the article highlights how governments in each country have grappled with “irregular” migration and the challenges it poses for national identity through processes of “othering” and “exclusion.” This comparison shows that the process of excluding asylum seekers on the basis of identity is not a Western phenomenon, but one extending to countries across the region. It is maintained that state discourses around asylum seekers within the two countries are framed in similar arguments centred around the concepts of “irregular” mobility, “national” identity, and “exclusive” citizenship. More specifically, it is demonstrated that both the Malaysian and Australian governments have projected asylum seekers in the public realm primarily as “illegal” through their undocumented mobility, and within this discourse as “threats” to national identity and security and therefore “unworthy” of citizenship privileges through resettlement or local integration. It is argued that each government has used trajectories specific to their own nation-building process to make their arguments more relevant and appealing to their constituents. A key premise of this article holds that an understanding of the rationale underpinning each government's asylum approach will contribute to establishing more open and constructive regional dialogue around the asylum issue.     

Lobbying to Stay: the Chinese Students’ Campaign to Stay in Australia

This paper examines the way in which onshore asylum seekers lobby to stay in the host country permanently, and how they interact with local institutions. This study is based on a multi‐method case study of about 45,000 Chinese nationals in Australia, mostly students, who sought to stay after the so‐called political disturbance of 1989 in China. The students succeeded in obtaining residence by pursuing intensive lobbying activities over a period of about four years from June 1989 to November 1993, becoming the largest onshore migration intake in Australian history. This paper is concerned with how the students and their organizations negotiated the changing stance of the Australian government towards asylum seekers, and the way in which the students harnessed resources in the campaign. It examines the strategies adopted by the students, the roles of the main local institutions in the issue, and analyses the permissiveness of local polities.     

Refugees,not Economic Migrants ‐ Why do Asylum‐Seekers Register in Hungary?

The article analyses why asylum‐seekers choose Hungary as an entry point to the European Union. Among the Central and Eastern European countries Hungary has been by far the most popular choice for asylum‐seekers between 2002 and 2016, yet surprisingly, it has been neglected by the literature. Using a panel dataset and fixed effects regressions, the article finds that beyond being ‘conveniently’ located on the Balkans migration route, variables related to Hungary's immigration policy are the most significant determinants of asylum‐seeker choices. The article finds no evidence to support recent claims by the Hungarian government that arrivals to the country are actually economic migrants and not asylum‐seekers; quite the contrary, the results indicate that on average asylum‐seekers entering Hungary are fleeing violent conflict in their countries of origin.     

PRODUCING EPISTEMOLOGIES OF IGNORANCE IN THE POLITICAL ASYLUM APPLICATION PROCESS 1

The granting of political asylum is implicated in other often competing agendas and discourses, including national security, the obligation to provide safe haven, the histories of past immigrants and asylum seekers, and the criminalization of people who cross borders illegally, for whatever motive. Political asylum serves two sometimes contradictory ends: protection of the state and refuge for the applicant. This contradiction is at the root of the production of ignorance in a process that overtly seeks to generate knowledge. Restricted access to knowledge is part of persecution both as a form of control, and in the classification of knowledge as illicit, covert, or traitorous. We examine the conditions for producing knowledge and ignorance in the political asylum process in which the stories presented by applicants are evaluated by bureaucrats to determine whether they are credible and whether they meet the criteria of a well-founded fear of return to the homeland. We discuss narratives told by both asylum seekers in the United States and the United Kingdom and those who help them through the asylum process.     

Between Control and Assistance: The Problem of European Accommodation Centres for Asylum Seekers

Accommodation centres are much more than means of securing asylum seekers’ housing needs. They are an embodiment of asylum and immigration policies. To understand these policies and their effects on asylum seekers, we need to ask what interests different institutional actors have in keeping asylum seekers in the centres. Based on the study of accommodation centres in the Czech Republic, in this paper I argue that the centres serve as tools of migration control. The prolonged confinement of a highly diverse group of people produced by the interconnectedness between asylum and immigration policies leads to asylum seekers’ disillusionment about the asylum procedure and nourishes various illicit activities. The centres enable state institutions to determine the nature of assistance available to asylum seekers, including legal aid provided by non-governmental organizations. By actively promoting the image of accommodation centres as benign places, the state also controls the dominant representation of refugee reception. In everyday practices in the centres, control and assistance are closely intertwined and produce an oppressive environment that engenders asylum seekers’ dependency.     

Beyond control: the criminalization of African asylum seekers in Israel

ABSTRACT

This article analyzes the discursive process of criminalization of African asylum seekers in Israel. The Israeli case illuminates the way that marginalized social groups are constructed as a criminal threat, thus becoming a focal point of moral panic. Using content analysis, in-depth interviews and observations, we assert that the criminalization of asylum seekers is facilitated by their portrayal as ‘infiltrators’ who are beyond state control. State authorities’ ostensible inability to keep asylum seekers under surveillance is dialectically constructed along two main axes: the private space axis and the public space axis. On the private space axis, the asylum seekers are portrayed as unidentified people living beyond the authorities’ field of vision whose largely unreported criminality is directed against vulnerable asylum seeker women and children in the private sphere. At the same time, asylum seekers are portrayed as a prominent, faceless and animalistic presence in public space, a presence that breaches physical-spatial borders as well as social-cultural boundaries, thereby undermining the social order. Thus, asylum seekers are viewed as conspicuously invisible. This rhetoric connects border violation with criminal activity; emphasizes the pent-up potential for violence by asylum seekers; and blurs the lines between criminal threat and security threat.     

Relationships in a new country: A qualitative study of the social connections of refugee youth resettled in South Australia

Australia's approach to immigration, as internationally, is largely concerned with state sovereignty, border protection and restrictionism towards asylum seekers. However, with just under a million refugees currently residing in Australia, and with 13,750 more added to this number each year, there is also an interest in ensuring that those who are granted humanitarian protection are socially integrated. This article reports on a qualitative investigation of the integration experiences of 85 refugee adolescents aged 13–17 years resettled in Adelaide, South Australia. It explores, in particular, the role of social connectedness in the integration process. Relationships with family, ethnic group and host country are believed to affect multiple and interrelated integration outcomes including language acquisition, cultural knowledge, belonging, identity, civic engagement, social and economic participation, and access to public services. This research found that young people must negotiate the integration process with variable, and in many cases limited, support from the network of social connections surrounding them. We suggest that policy and programmes which strengthen the relationships young people have with others have the potential to enhance integration outcomes.     

Protecting Women Asylum Seekers and Refugees: From International Norms to National Protection?

Little attention is paid in most national asylum policies and legislation to the specific position of female asylum seekers, and to gendered aspects of refugee and asylum situations. Further, even in those countries that have adopted asylum legislation to specifically address the question of women asylum seekers and victims of gender specific persecution, problems still remain in the implementation of these policies and in the full recognition of persecutions specific to women. Whilst the issue of protection of women victims of this type of violence have been put on the international agenda, at least to some extent, through directives on the defence of women’s human rights and on the protection of female refugees and asylum seekers, the international norms which have thus been created have been implemented unevenly and unequally in different national contexts. This article seeks to analyse the extent to which national asylum legislation and policies have integrated a concern with the protection of women victims of gender specific forms of persecution, and how effective this implementation has been. The article will engage critically with existing accounts of global norm creation to examine the uneven diffusion and implementation of norms on the protection of female refugees, pointing to the importance of discursive opportunity structures open to actors in mobilising around these issues at local and national levels. It will also argue that even where policies and legislation dealing specifically with women refugees and asylum seekers do exist, they may not actually address some of the important insecurities facing these women because of an approach that does not fully comprehend and act upon gendered structures and relations of power.