A comprehensive review of refugee and asylum studies in contemporary Hong Kong: Law,policies, and lived experiences

This review covers 46 research studies from 2007 to 2019, which examine the inflow of asylum seekers and refugees in Hong Kong after the Vietnamese refugee influx in the early 2000s. By analysing existing research studies, the authors summarise three themes, namely refugee law, asylum policies,¹ and lived experiences of refugees and asylum seekers, on refugee and asylum studies in contemporary Hong Kong. While further research is needed, scholars can examine the potential possibilities of the legal reform of statutory insufficiencies, the development trajectory of asylum policy instruments with a more appropriate framework, and the protection mechanism of refugees’ and asylum seekers’ children.     

The Asylum‐Integration Paradox: Comparing Asylum Support Systems and Refugee Integration in The Netherlands and the UK

This article explores the impact of asylum support systems on refugee integration focusing on the UK and the Netherlands. Both have adopted deterrent approaches to asylum support. The Dutch favour the use of asylum accommodation centres, segregating asylum seekers from the general population. The UK disperses asylum seekers to housing within deprived areas, embedding them within communities. Both countries have been criticized for these practices, which are viewed as potentially anti‐integrative: something of a paradox given that both promote the importance of refugee integration. We analyse national refugee integration surveys in both countries and provide original empirical evidence of negative associations between asylum support systems and refugees’ health, which differ in relation to mental and physical health. The integration and asylum policy implications of these findings are discussed.     

Refugee movements and Turkey

There has been a long tradition in the Ottoman Empire and the Turkish Republic of receiving refugees. There were Jewish refugees from the Spanish Inquisition, Hungarians and Poles fleeing revolts in 1848-9, and those of Turkish descent and usually from the Balkans. Concurrent with this trend is the history of refugees and immigrants leaving Turkey, such as many Armenians, Greeks and Jews leaving at the turn of the century, and after 1923 and the Treaty of Lausanne. Little is currently published on the topic. This article defines a refugee; provides an overview of the refugee problems of the 1980's due to Bulgarian, Kurdish, and Turkish refugees; and the legal and political aspects. As a country of origin, there is discussion of the political and economic aspects of Turkish asylum seekers in Europe. The potential refugee flows to and from Turkey are also examined. I) For this study, refugees are victims of political violence and are persecuted for political or religious beliefs, ethnic or racial background, or war. In Turkey, there are national refugees, international refugees outside the Convention, and UNHCR Convention refugees. During the 1980's all 3 groups were arriving: from eastern Europe, Iranian Kurds, Iraqis, and ethnic Turks from Bulgaria and Afghanistan. The Turkish restricted acceptance of the 1951 Convention on Refugees creates serious humanitarian and security consequences for refugees other than those from eastern Europe and of Turkish ethnicity. Political considerations play an important role in treatment where security threats outweigh humanitarian need. The case is given for Kurdish refugees. II) Asylum seekers from Turkey in Western Europe was determined between 1986-90 to be 185,000 from applications. These figures have risen steadily due to the political instability and military activity of areas bordering Iraq and Syria, the Emergency Region. In addition there are economic and employment problems, and there has been a suspension of human rights. Europe in return has tightened legislation and procedures to differentiate economically motivated refugees from authentic political asylum seekers. Further research is needed to investigate refugee problems. Further refugees may come due to the promotion of a Black Sea Cooperation Region and easier crossings of borders to the former Soviet Republics. Ethnic Turks in Moldavia or Romania or Bulgaria may leave due to unrest. Factors affecting asylum seekers are improvements in Turkey's human rights record, repeal of bans of the Kurdish language, completion of the South Eastern Development Project, and the European government policy on asylum.     

Asylum Policies, Trafficking and Vulnerability

This article is located at the intersection of three recent debates on asylum in Europe: the efficacy of asylum policies; the trafficking of asylum seekers, and their growing vulnerability. Most commentators agree that there are relationships between these three debates, but the nature of those relationships remain unclear. Yet the need properly to understand the nature of these links has become especially pressing in the context of a raft of new policy initiatives on both asylum and trafficking, and concerns for their consequences for asylum seekers. At least part of the reason for this lack of clear understanding is significant gaps in empirical research. This article begins to fill some of these gaps, and in so doing to unpick some of the relationships between asylum policies, trafficking and vulnerability. It focuses on the experiences of asylum seekers in Europe, thus presenting a "bottom up" perspective on trafficking and asylum policies. The findings are derived from research among Iranian asylum seekers in the Netherlands, conducted between 1994 and 1996. The article discusses some of the reservations that surround this approach, including methodological issues such as trust, and the difficulties of applying more widely a narrow case study. Within the context of these reservations, it draws three main conclusions. First, empirical evidence to support the view that increasing proportions of asylum seekers are being forced to turn to traffickers in order to negotiate restrictive asylum policies. Second, the ways in which trafficking is exposing asylum seekers – including at least some "genuine" refugees – to new forms of vulnerability. Third, that direct links exist between asylum policies, trafficking and vulnerability, and that the blame for growing vulnerability lies more with asylum policies than with traffickers or with asylum seekers themselves. Finally, these empirical conclusions are targeted on a series of policy implications.     

Implementing and Rethinking the European Union's Asylum Legislation: The Asylum Procedures Directive

The Asylum Procedures Directive, which was put in place in the context of the Common European Asylum System, is expected to both harmonise the asylum procedures in the European Union and to safeguard applicants’ rights. This article explores various steps in the implementation of the directive, starting with transnational negotiations which aim to influence domestic asylum policies. Focusing on asylum systems in Germany and Sweden, the article shows that the way decision makers implement the directive is shaped by diverging domestic asylum policies. The risk of failing common standards, however, is not only a matter of implementation, but inherent in the directive's design. Furthermore, harmonisation does not necessarily improve compliance with the principles of international refugee law. Safeguarding protection seekers’ rights requires rethinking both asylum legislation and the role of the actors who intervene in its implementation.     

Fake Passports and Appointed Communities: Nation and Transnationalism in the Danish Asylum System

Nationality underwrites a great deal of the Danish asylum process, and of the refugee regime as a whole. The housing and care of asylum seekers, handled by the Danish Red Cross, is based on classifications by nationality. Bending a phrase from Benedict Anderson, these might be called 'appointed communities'. While the Danish asylum system in principle performs individual determination procedures for asylum seekers, granting refugee status on a case-by-case basis, in practice those identified as Iraqi or Afghani have had a very high acceptance rate. However, it is clearly the case that not all asylum seekers have citizenship of the countries they claim to come from, or indeed feel they come from the countries of which they have citizenship. In this context, we must enquire about the mechanics of determining nationality and about how asylum seekers themselves relate to national identities. I argue that although the social networks that are significant to asylum seekers at times may be composed mainly of individuals from a single nation, they are also thoroughly transnational, and embody a sense of home not necessarily so tightly bound to place, as the asylum process presumes.     

Fake Passports and Appointed Communities: Nation and Transnationalism in the Danish Asylum System

Nationality underwrites a great deal of the Danish asylum process, and of the refugee regime as a whole. The housing and care of asylum seekers, handled by the Danish Red Cross, is based on classifications by nationality. Bending a phrase from Benedict Anderson, these might be called ‘appointed communities’. While the Danish asylum system in principle performs individual determination procedures for asylum seekers, granting refugee status on a case-by-case basis, in practice those identified as Iraqi or Afghani have had a very high acceptance rate. However, it is clearly the case that not all asylum seekers have citizenship of the countries they claim to come from, or indeed feel they come from the countries of which they have citizenship. In this context, we must enquire about the mechanics of determining nationality and about how asylum seekers themselves relate to national identities. I argue that although the social networks that are significant to asylum seekers at times may be composed mainly of individuals from a single nation, they are also thoroughly transnational, and embody a sense of home not necessarily so tightly bound to place, as the asylum process presumes.     

Impugning the Humanitarian Defence

This article examines the claim that democratic states are justified in restricting access to asylum seekers on the grounds that failing to do so reduces public support for humanitarian refugee policies – referred to here as the humanitarian defence. Drawing on detailed historical, comparative and interpretive analysis of migration policy in Canada and Australia, the author builds on Matthew Gibney’s development of practically guided normative theory to assess cases in which political elites may legitimately enact restrictive policies in response to strong public opposition. Challenging the normative basis of the humanitarian defence, the article engages in a detailed discourse analysis of asylum crises in Canada (1987, 1999) and Australia (1979, 2001). The findings suggest that political elites do not respond to an independently arrived at, and objectively established, public opinion as implied in the humanitarian defence. Rather, political elites play a crucial role in shaping the discourse on asylum seekers and consequently, influence the very “public opinion” to which they claim to be responding. The author concludes that political elites should attempt to foster an environment in which the public accepts international obligations to refugees but accepts that in some cases political elites may be justified in implementing restrictive measures.     

Lost in the System? Disabled Refugees and Asylum Seekers in Britain

This short paper calls for greater awareness of disabled refugees and asylum seekers living in Britain. Currently, policy makers, many refugee communities and the disability movement fail to consider disabled refugees and asylum seekers, perhaps because they constitute a minority about whom data are rarely available. Focussing on the particular combination of circumstances affecting disabled refugees and asylum seekers, this paper presents recent changes in support arrangements for refugees and asylum seekers. The paper also calls for greater involvement in refugee issues by the disability movement.     

The right to education of children and youngsters from refugee families in Europe#

Abstract

The right to education of children and youth from asylum seeker and refugee families is currently being threatened in Europe. Two factors explain this: the sudden and disorganised arrival of large numbers of asylum seeker families, and the inconsistent integration of those seeking refugee status and those who have gained such status. The actual implementation of the right to education for asylum seekers and refugees is a result of a complex combination of factors related to the asylum seeking process: demographic, psychological, economic, legal and sociological. Asylum seeker and refugee education are impacted significantly by these factors. This paper tries to explore whether EU Member States are coping successfully with such dimensions. We provide information on the current situation in Europe, as well as a summary of the latest policy recommendations aimed at improving the present situation.     

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.     

'All Doors are Closed to Us': a social model analysis of the experiences of disabled refugees and asylum seekers in Britain

In this article we undertake a social model analysis of the experiences of disabled refugees and asylum seekers, who are among the most socially and economically disadvantaged members of society in the UK today. The statuses of disability, refugee and minority ethnic group are each linked to discrimination and oppression (Oliver, M. (1990) The Politics of Disablement (London, Macmillan Press); Robinson, V. (1999) Journal of Refugee Studies, 12(1), pp. 78-87; Vernon, A. (1996) in: J. Morris (Ed.) Disability Studies: past, present and future (London, Womens Press), yet little consideration has been paid to the particular cumulative constellation of oppressions experienced by disabled refugees and asylum seekers.

In this article, several models are presented that demonstrate that disabled refugees and asylum seekers experience barriers to health and safety in their country of origin, such as impairment-creation through torture and war. Once in the UK barriers to social services, benefits and social contact prove similarly insurmountable.     

Immigrants,Refugees and Asylum Seekers

Abstract

This article reviews policies and services related to immigrants, refugees and asylum seekers in the U.S. Definitions of immigration categories are provided to clarify the context in which services operate. Particular attention is given to issues that are unique to populations of the Southwest. Historical information on this region is offered; immigration trends and recent statistics are presented. The article is based on published data; field interviews with personnel in selected immigrant and refugee serving social agencies are used to compliment the literature. The authors highlight the social consequences of the global phenomenon of migration, whether motivated by economic or political realities. Recommendations for those who serve immigrants, refugees and asylum seekers are offered.     

Refugee Women in Europe: Some Aspects of the Legal and Policy Dimensions

This article presents an overview of the legal and policy issues affecting refugee and asylum-seeking women in European host societies. First, it explores the unique types of persecution experienced by women and shows that the asylum determination process, along with the status of women relative to men, mitigates against the effective protection of women. The legal basis for asylum, the evidential requirements and the procedural norms all reduce the protection which is likely to be conferred upon asylum-seeking women. Second, the article provides an overview of responses to female refugees and asylum-seekers in European countries of asylum. Although there are differences between countries, there is also a large degree of uniformity. For example, there is a lack of recognition and understanding of the diversity and the range of experiences which refugees bring with them, including different social and cultural norms. Moreover, European policies do not provide special provisions to facilitate the settlement of refugee women and instead place barriers to their social and economic participation. Third, the article examines policies for family reunion in different countries and shows that such unfavourable and unsympathetic policies mitigate against the settlement of refugee women. Finally, the article argues that if refugee and asylum-seeking women are to have their cases recognized and to be successfully settled, then there needs to be a complete rethink of legislation and policy in Europe.     

Ferry quarantine: The pandemic as a pretext to deny healthcare access to undocumented migrants and asylum seekers in Italy

The outbreak of COVID-19 forced national governments and health authorities worldwide to adopt measures aimed at protecting population health, most of which resulted in prolonged restrictions to individual freedom(s) and fundamental rights. In some cases, the pandemic represented a pretext for macroscopic and unjustified human rights violations, as in the case of the “ferry quarantine,” that is the use of commercial boats by the Italian Government to forcibly isolate migrants and asylum seekers from the rest of the population. Such a measure does not have any rationale at the epidemiological level and poses serious obstacles to the provision of adequate care to vulnerable people such as migrants and asylum seekers. The pandemic has been used as a pretext to implement discriminatory and disproportionate measures whose effect has been denying healthcare access to undocumented migrants and asylum seekers.     

Responsibility for examining an asylum

Parallel to the influx of asylum seekers during the 1980s, xenophobic tendencies have been witnessed in certain Western European countries. While directed at all foreigners, these tendencies sometimes have led to restrictive practices or methods which include both denying that asylum seekers qualify as refugees, so they may be sent home more easily, and shifting the responsibility for examining asylum claims to other countries. An analysis of the increasingly restrictive practices regarding the granting of asylum and the concept of a refugee is a complicated task, which requires a detailed investigation of the jurisprudence in a number of countries. This article, however, will not concentrate on an analysis of jurisprudence regarding asylum but rather on the tendency of various states to shift the responsibility for examining asylum requests to another country.     

Migrants and asylum seekers: policy responses in the United States to immigrants and refugees from Central America and the Caribbean

This article analyzes the complex political environment of US immigration and refugee policies in which tensions exist, especially with regard to Central America and the Caribbean. Recommendations for managing it more effectively in the future are discussed. Several western countries, including the US, have implemented stricter restriction policies as a result of the perceived threats to their economies and cultural homogeneity. In general, US immigration policy has addressed both economic concerns and domestic pressures, whereas US refugee policy has reflected foreign policy concerns. As a result of these policies, there has been an increasing number of immigrants from Mexico, as well as huge numbers of refugees from Cuba and Nicaragua. Yet, there has been limited acceptance of asylum seekers from Haiti, El Salvador and Guatemala. Among the policies passed by the US Congress to reduce illegal immigration and limit assistance to legal immigrants were the Welfare Reform Act, Illegal Immigration Reform, Immigration Responsibility Act of 1996, and the Proposition 187 movement. Revisions in the procedures of the Immigration and Naturalization Service were also made.     

Manufacturing Striated Space for Migrants: An Ethnography of Initial Reception Centers for Asylum Seekers in Germany

In the ongoing debates on migration, the subjectivities of migrants are often relegated to the background. Although critical research in refugee studies and forced migration puts a great emphasis on the unheard voices of migrants. This article strays momentarily from the focus on migrants subjectivities to interrogate the background of these voices, that is, the space that surrounds their narratives. Based on field observations conducted in two initial reception centers for asylum seekers in Germany, this article draws on Deleuze and Guattari’s geographic philosophy to explore the spatiality and temporality of these facilities. This article argues that these reception centers capture asylum seekers’ journey narratives through their reterritorialization, and thereby deletes their agency all the while they provide safety.     

Hunger: The Silent Epidemic Among Asylum Seekers and Resettled Refugees

Refugees and asylum seekers face challenges after arriving in a host country. They carry the trauma that they may have experienced in their countries of origin, during fight, and in countries of asylum. Other stressors impact on their adjustment after arriving in the United States including basic needs such as food, clothing, and shelter. This is a retrospective review of data collected as part of a needs assessment by a program, which serves survivors of torture and refugee trauma. Asylum seekers (n=65) and refugees were compared (n=30). Asylum seekers were more apt to be from Africa (p<.001), need family reunification (p=.027), speak more languages (p<.001), suffer from political persecution (p<.001), move from place to place due to not having a permanent place to live (p=.031), and be unable to contribute to the rent (p<.001). Unadjusted, asylum seekers were also more likely than refugees to have gone to bed hungry in the previous two weeks (p<.001) or since arriving in the United States (p<.001). Refugees were more likely to be eating more food now than before feeing, and asylum seekers the opposite (p<.001). Being an asylum seeker made one 3.7 times more likely to suffer from food insecurity than being a refugee, and 5.3 times more likely to not have work authorization. Among asylum seekers, adjusting for gender, age, education, lack of permanent housing, English fluency, and self-reported health status, not having work authorization made one 5.6 times more likely to suffer from hunger. Independently, being a torture survivor made one 10.4 times more likely to suffer from hunger. Asylum seekers must wait 150 days before applying for asylum in the United States. For humanitarian reasons, mandatory-waiting periods for work authorization for asylum seekers should be eliminated.