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In addressing the asylum controversy in Europe today, much of the literature assumes that asylum policies result from the struggle between national interest arguing to tighten asylum and humanitarianism arguing to loosen it. This book challenges this simple tug-of-war image by examining asylum in Germany, Switzerland, and Britain from the late 1970s to the mid 1990s. The findings reveal the complex and often counter-intuitive roles national interest, international norms, and morality play in shaping asylum. It forces us to reconsider how we think about asylum and to explore alternatives to conventional assumptions.
Addressing the crucial issue of why people choose to make Convention refugee claims, this original book also explores the perceptions claimants have of possible host countries and investigates the view that refugees move on the basis of (generally) extreme levels of persecution.
Identities on Trial in the United States by ChorSwang Ngin Pdf
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.
Investigating the global system of detention centers that imprison asylum seekers and conceal persistent human rights violations Remote detention centers confine tens of thousands of refugees, asylum seekers, and undocumented immigrants around the world, operating in a legal gray area that hides terrible human rights abuses from the international community. Built to temporarily house eight hundred migrants in transit, the immigrant “reception center” on the Italian island of Lampedusa has held thousands of North African refugees under inhumane conditions for weeks on end. Australia’s use of Christmas Island as a detention center for asylum seekers has enabled successive governments to imprison migrants from Asia and Africa, including the Sudanese human rights activist Abdul Aziz Muhamat, held there for five years. In The Death of Asylum, Alison Mountz traces the global chain of remote sites used by states of the Global North to confine migrants fleeing violence and poverty, using cruel measures that, if unchecked, will lead to the death of asylum as an ethical ideal. Through unprecedented access to offshore detention centers and immigrant-processing facilities, Mountz illustrates how authorities in the United States, the European Union, and Australia have created a new and shadowy geopolitical formation allowing them to externalize their borders to distant islands where harsh treatment and deadly force deprive migrants of basic human rights. Mountz details how states use the geographic inaccessibility of places like Christmas Island, almost a thousand miles off the Australian mainland, to isolate asylum seekers far from the scrutiny of humanitarian NGOs, human rights groups, journalists, and their own citizens. By focusing on borderlands and spaces of transit between regions, The Death of Asylum shows how remote detention centers effectively curtail the basic human right to seek asylum, forcing refugees to take more dangerous risks to escape war, famine, and oppression.
This open access book examines everyday practices in an asylum administration. Asylum decisions are often criticised as being ‘subjective’ or ‘arbitrary’. Asylum Matters turns this claim on its head. Through the ethnographic study of asylum decision-making in the Swiss Secretariat for Migration, the book shows how regularities in administrative practice and ‘socialised subjectivity’ are produced. It argues that asylum caseworkers acquire an institutional habitus through their socialisation on the job, making them ‘carriers’ of routine practices. The different chapters of the book deal with what it means to methodologically study administrative practice: with how asylum proceedings work in Switzerland and with the role different types of knowledge play in overcoming the uncertainties inherent in refugee status and credibility determination. It sheds light on organisational socialisation processes and on the professional norms and values at the heart of administrative work. By doing so, it shows how disbelief becomes normalised in the office. This book speaks to legal scholars, sociologists, anthropologists, human geographers and political scientists interested in bureaucracy, asylum law, migration studies and socio-legal studies, and to NGOs working in the field of asylum.
Author : Sara L McKinnon Publisher : University of Illinois Press Page : 0 pages File Size : 46,6 Mb Release : 2016-09-01 Category : Social Science ISBN : 0252040457
Women filing gender-based asylum claims long faced skepticism and outright rejection within the United States immigration system. Despite erratic progress, the United States still fails to recognize gender as an established category for experiencing persecution. Gender exists in a sort of limbo segregated from other aspects of identity and experience. Sara L. McKinnon exposes racialized rhetorics of violence in politics and charts the development of gender as a category in American asylum law. Starting with the late 1980s, when gender-based requests first emerged in case law, McKinnon analyzes gender- and sexuality-related cases against the backdrop of national and transnational politics. Her focus falls on cases as diverse as Guatemalan and Salvadoran women sexually abused during the Dirty Wars and transgender asylum seekers from around the world fleeing brutally violent situations. She reviews the claims, evidence, testimony, and message strategies that unfolded in these legal arguments and decisions, and illuminates how legal decisions turned gender into a political construct vulnerable to American national and global interests. She also explores myriad related aspects of the process, including how subjects are racialized and the effects of that racialization, and the consequences of policies that position gender as a signifier for women via normative assumptions about sex and heterosexuality. Wide-ranging and rich with human detail, Gendered Asylum uses feminist, immigration, and legal studies to engage one of the hotly debated issues of our time.
A Finalist for the 2019 Kirkus Prize in Nonfiction "Nayeri combines her own experience with those of refugees she meets as an adult, telling their stories with tenderness and reverence.” —The New York Times Book Review "Nayeri weaves her empowering personal story with those of the ‘feared swarms’ . . . Her family’s escape from Isfahan to Oklahoma, which involved waiting in Dubai and Italy, is wildly fascinating . . . Using energetic prose, Nayeri is an excellent conduit for these heart–rending stories, eschewing judgment and employing care in threading the stories in with her own . . . This is a memoir laced with stimulus and plenty of heart at a time when the latter has grown elusive.” —Star–Tribune (Minneapolis) Aged eight, Dina Nayeri fled Iran along with her mother and brother and lived in the crumbling shell of an Italian hotel–turned–refugee camp. Eventually she was granted asylum in America. She settled in Oklahoma, then made her way to Princeton University. In this book, Nayeri weaves together her own vivid story with the stories of other refugees and asylum seekers in recent years, bringing us inside their daily lives and taking us through the different stages of their journeys, from escape to asylum to resettlement. In these pages, a couple fall in love over the phone, and women gather to prepare the noodles that remind them of home. A closeted queer man tries to make his case truthfully as he seeks asylum, and a translator attempts to help new arrivals present their stories to officials. Nayeri confronts notions like “the swarm,” and, on the other hand, “good” immigrants. She calls attention to the harmful way in which Western governments privilege certain dangers over others. With surprising and provocative questions, The Ungrateful Refugee challenges us to rethink how we talk about the refugee crisis. “A writer who confronts issues that are key to the refugee experience.” —Viet Thanh Nguyen, Pulitzer Prize–winning author of The Sympathizer and The Refugees
The Use and Abuse of Political Asylum in Britain and Germany by Liza Schuster Pdf
All European states have the legal right to grant asylum but only Germany is obliged by law to do so. Liza Schuster contributes to the asylum debate primarily in the area of comparative politics in this study of British and German policies on asylum practice.
This book argues that states have a special obligation to offer asylum as a form of reparation to refugees for whose flight they are responsible. It shows the great relevance of reparative justice, and the importance of the causes of contemporary forced migration, for our understanding of states’ responsibilities to refugees. Part I explains how this view presents an alternative to the dominant humanitarian approach to asylum in political theory and some practice. Part II outlines the conditions under which asylum should act as a form of reparation, arguing that a state owes this form of asylum to refugees where it bears responsibility for the unjustified harms that they experience, and where asylum is the most fitting form of reparation available. Part III explores some of the ethical implications of this reparative approach to asylum for the workings of states’ asylum systems and the international politics of refugee protection.
The Dispersal and Social Exclusion of Asylum Seekers by Patricia Hynes Pdf
This book establishes asylum seekers as a socially excluded group. It provides an overview of historic and contemporary dispersal systems, and it investigates the policy of dispersing asylum seekers across the UK and how this dispersal impacts their lives. It argues that deterrent asylum policies increase the sense of liminality experienced by individuals. The book challenges assumptions that asylum seekers should be socially excluded until they receive refugee status, and it illustrates how asylum seekers create their own sense of 'belonging' in the absence of official recognition.
The Arc of Protection by T. Alexander Aleinikoff,Leah Zamore Pdf
The international refugee regime is fundamentally broken. Designed in the wake of World War II to provide protection and assistance, the system is unable to address the record numbers of persons displaced by conflict and violence today. States have put up fences and adopted policies to deny, deter, and detain asylum seekers. People recognized as refugees are routinely denied rights guaranteed by international law. The results are dismal for the millions of refugees around the world who are left with slender prospects to rebuild their lives or contribute to host communities. T. Alexander Aleinikoff and Leah Zamore lay bare the underlying global crisis of responsibility. The Arc of Protection adopts a revisionist and critical perspective that examines the original premises of the international refugee regime. Aleinikoff and Zamore identify compromises at the founding of the system that attempted to balance humanitarian ideals and sovereign control of their borders by states. This book offers a way out of the current international morass through refocusing on responsibility-sharing, seeing the humanitarian-development divide in a new light, and putting refugee rights front and center.
African Asylum at a Crossroads by Iris Berger,Tricia Redeker Hepner,Benjamin N. Lawrance,Joanna T. Tague,Meredith Terretta Pdf
African Asylum at a Crossroads: Activism, Expert Testimony, and Refugee Rights examines the emerging trend of requests for expert opinions in asylum hearings or refugee status determinations. This is the first book to explore the role of court-based expertise in relation to African asylum cases and the first to establish a rigorous analytical framework for interpreting the effects of this new reliance on expert testimony. Over the past two decades, courts in Western countries and beyond have begun demanding expert reports tailored to the experience of the individual claimant. As courts increasingly draw upon such testimony in their deliberations, expertise in matters of asylum and refugee status is emerging as an academic area with its own standards, protocols, and guidelines. This deeply thoughtful book explores these developments and their effects on both asylum seekers and the experts whose influence may determine their fate. Contributors: Iris Berger, Carol Bohmer, John Campbell, Katherine Luongo, E. Ann McDougall, Karen Musalo, Tricia Redeker Hepner, Amy Shuman, Joanna T. Tague, Meredith Terretta, and Charlotte Walker-Said.
Impoverishment and Asylum argues that a shift has taken place in recent decades towards construing asylum as primarily a political and/or humanitarian phenomenon, to construing it as primarily an economic phenomenon, and that this shift has had led to the purposeful impoverishment, by the state, of people seeking asylum in the UK. This shift has far-reaching consequences for people seeking asylum, who have been systematically impoverished as part of the effort to strip out any possibility of an economic pull factor leading to more arrivals, but also for those administering their support system, and for civil society organisations and groups who seek to ameliorate the worst effects of the resulting asylum regimes. This book argues that within this context asylum support policies in the UK which are meant to help and protect, in fact do serious harm to their recipients. It argues that the shift from construing asylum seekers as economically, rather than politically, motivated migrants across the West, is part of a much broader set of historical and philosophical worldviews than has previously been articulated. The book offers a rigorously researched and richly theorised analysis drawing on postcolonial and decolonial perspectives in making sense of the purposeful impoverishment by the state of a particular group of people, and why this continues to be tolerated in the fourth richest country in the world.
Refugees, the State and the Politics of Asylum in Africa by J. Milner Pdf
How do African states respond to the mass arrival and prolonged presence of refugees? This book answers this question by drawing on recent case studies and examining the politics behind refugee policy in Africa. The implications of this approach are important not only for the study of asylum in Africa, but also for the future of refugee protection.
