Asylum Seekers And The State

Highly topical in subject matter, Asylum Seekers and the State reveals immigration policy as a political process which has social consequences not only for the newcomer group, but also for the wider receiver society. This work considers the obligations which receiver societies have for considering refugee claims, but at the same time assesses contemporary security concerns; it also provides an introduction to the roles of non-government organizations as stake-holders in the political process. The book also offers a study of the historical and cultural context of immigration in Germany and Australia, which demonstrates the practical impact of these issues. Taking a fresh approach to the issue of asylum seekers and refugees, this book offers unique perspectives from non-state actors as significant brokers and advocates of social and political processes.

How to assess and deal with the claims of millions of displaced people to find refuge and asylum in safe and prosperous countries is one of the most pressing issues of modern political philosophy. In this timely volume, fresh insights are offered into the political and moral implications of refugee crises and the treatment of asylum seekers. The contributions illustrate the widening of the debate over what is owed to refugees, and why it is assumed that national state actors and the international community owe special consideration and protection. Among the specific issues discussed are refugees' rights and duties, refugee selection, whether repatriation can be encouraged or required, and the ethics of sanctuary policies.

ChorSwang Ngin radically shifts the asylum-seeking narrative by focusing on rarely heard stories of persecution and escape from China and southeast Asia. Identities on Trial in the United States weaves together the cases of a tortured student from a Myanmar prison, an apostate of Islam, several victims of ethnic and sexual violence from Indonesia, and the escape of men and women from China’s draconian one-child policy, among others. Joann Yeh, an immigration attorney and contributor to this work, examines asylum seeking in a Mandarin-speaking Californian community and discuss the failure of the United States' quasi-judicial immigration system, highlighting "asylum lawfare" in courtroom dramas and arguing for an anthropological advantage in asylum preparation. This book is an essential text for policy makers, students, lawyers, activists, and those engaged with migration studies seeking a more just asylum outcome.

International law provides states with a common definition of a "refugee" as well as guidelines outlining how asylum claims should be decided. Yet even across nations with many commonalities, the processes of determining refugee status look strikingly different. This book compares the refugee status determination (RSD) regimes of three popular asylum seeker destinations: the United States, Canada, and Australia. Though they exhibit similarly high levels of political resistance to accepting asylum seekers, refugees access three very different systems-none of which are totally restrictive or expansive-once across their borders. These differences are significant both in terms of asylum seekers' experience of the process and in terms of their likelihood of being designated as refugees. Based on a multi-method analysis of all three countries, including a year of fieldwork with in-depth interviews of policy-makers and asylum-seeker advocates, observations of refugee status determination hearings, and a large-scale case analysis, Rebecca Hamlin finds that cross-national differences have less to do with political debates over admission and border control policy than with how insulated administrative decision-making is from either political interference or judicial review. Administrative justice is conceptualized and organized differently in every state, and so states vary in how they draw the line between refugee and non-refugee.

Troubled Transit considers the situation of asylum seekers stuck in limbo in Indonesia from a number of perspectives. It presents not only the narratives of many transit migrants but also the perceptions of Indonesian authorities and of representatives of international and non-government organizations responsible for the care of transiting asylum seekers. Fascinated by the extraordinary and seemingly limitless resilience shown by asylum seekers during their often lengthy and dangerous journeys, the author highlights one particular fragment of their journeys — their time in Indonesia, which many expect to be the last stepping stone to a new life. While they long for their new life to unfold, most asylum seekers become embroiled in the complexities of living in transit. Indonesia, a vast archipelago of more than 17,000 islands, is more than a location where people spend time waiting; it is a nation state that interacts with transiting asylum seekers and formulates policies that have a profound impact on their experience in transit there. Troubled Transit tries to explain the complexities faced by the transiting migrants within the context of the Indonesian government and its political challenges, including its relationship with Australia. The Australia-centric view of recent asylum seeker issues has tended to ignore the larger socio-political context of the migratory routes and the perspectives of transit states towards asylum seekers stuck in transit. This book hopes to direct the Australia-centric gaze northwards to take Indonesian policies and policymaking into account, thereby giving Indonesia more relevance as a transit country and as an important partner in regional protection schemes and migration management. Even though some Indonesian policies and practices are less than favourable for asylum seekers, and even reprehensible from a human rights perspective, more attention must be paid to ongoing developments that impact on transiting asylum seekers in Indonesia if any of the hardships they suffer there are to be alleviated.

Examination of the worldwide emulation of key norms of European refugee protection through transnational processes and actors.

"This book compares the refugee status determination (RSD) regimes of three popular asylum seeker destinations. Despite similarly high levels of political resistance to accepting asylum seekers, because administrative justice is conceptualized and organized differently in every state, they vary in how they draw the line between refugee and non-refugee"--

This book presents a comprehensive assessment of regional responses to the crisis in the asylum/refugee system and critically examines how different regions tackle the problem. The chapters consider the fundamental challenges which undermine an effective asylum process as well as regional difficulties with the various circumstances surrounding asylum seekers. With contributions on Africa, Europe, Latin America, South Asia and the Middle East, and the Pacific, the collection strives to appreciate what informs each region’s approach to the asylum process and asks if there are issues common to every region and if regions can learn from one another. The book seeks an understanding of the existing legal regime for the protection of asylum seekers and how regional institutions such as human rights commissions and regional courts enforce and adjudicate the law. The volume will be valuable to those interested in international law, migration and human rights.