Kara Sears
The right to seek asylum is a human right that is recognized by international law. Asylum seekers are people who are fleeing conflict or persecution and are unable or unwilling to return to their country of origin due to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion. While the Universal Declaration of Human Rights is generally considered non-binding, the right to asylum is referenced in the Convention Relating to the Status of Refugees, to which most countries are parties. This right has been conserved in various countries amid anti-immigration laws and has been recognized since ancient times.
| Characteristics | Values |
|---|---|
| Right to seek asylum | Everyone has the right to seek asylum from persecution in other countries as per the Universal Declaration of Human Rights (Article 14) |
| Right to protection | Asylum seekers have the right to protection and cannot be expelled or returned to situations where their lives or freedom would be in danger |
| Right to fair hearing | Asylum seekers' claims for refugee status must be heard fairly and efficiently |
| Right to safety | Asylum seekers must be able to reach safety and file a claim |
| Right to refugee status | A refugee is someone who has obtained an official refugee status and must be granted certain rights like citizens of that State |
| Right to non-refoulement | Asylum seekers cannot be deported to any country where their "life or freedom would be threatened on account of race, religion, nationality, membership of a particular social group or political opinion" |
| Right to choose a country of asylum | Asylum seekers do not have the right to choose their country of asylum |
| Right to protection in safe countries | Asylum seekers can request asylum in safe third countries where there is a formal agreement between states for the transfer of asylum seekers |
| Right to protection in anti-immigration countries | The right to asylum is conserved even in countries with anti-immigration laws |
| Right to protection before refugee status | Asylum seekers should receive certain protections even before a state has officially recognized them as refugees |
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What You'll Learn
The right to seek asylum is a human right
The Universal Declaration of Human Rights (Article 14) states that everyone has the right to seek and enjoy asylum from persecution in other countries. This right was also recognized by the Ancient Egyptians, Greeks, and Hebrews, and was adopted into Western tradition. René Descartes, Voltaire, and Thomas Hobbes all fled to other countries because they were offered protection from persecution.
Today, the right to asylum is referenced in the Convention Relating to the Status of Refugees, of which most countries are parties. This convention defines a refugee as a person who is "unable or unwilling" to return to their country of origin due to a well-founded fear of persecution based on race, religion, nationality, social group membership, or political opinion.
When asylum claims are rejected, the principle of non-refoulement applies, which forbids the deportation of asylum seekers to any country where their "life or freedom would be threatened" due to the reasons stated above. This principle is generally seen as a customary international law.
Organizations like the UNHCR work to protect asylum seekers and ensure their claims are heard fairly and efficiently. They advocate for the rights of asylum seekers, including access to education, healthcare, and protection from detention.
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Asylum seekers' rights are protected by international law
The right to asylum is a universal human right. This means that every person in the world has the right to apply for asylum if they are fleeing conflict or persecution. Asylum seekers are individuals seeking international protection from persecution and serious human rights violations in another country but have not yet been legally recognized as refugees. They are awaiting a decision on their request for international protection.
The rights of asylum seekers are protected by international law, regardless of how and why they arrive in a country. The Universal Declaration of Human Rights (Article 14) states that everyone has the right to seek and enjoy asylum from persecution in other countries. This right has been recognized since ancient times by the Egyptians, Greeks, and Hebrews, from whom it was adopted into Western tradition. René Descartes, Voltaire, and Thomas Hobbes all fled to other countries because each state offered protection to persecuted foreigners.
The principle of non-refoulement, enshrined in the 1951 Refugee Convention, is also part of human rights law and customary international law and must be guaranteed by all countries. Non-refoulement ensures that asylum seekers cannot be expelled or returned to situations where their lives or freedoms would be threatened due to their race, religion, nationality, membership of a particular social group, or political opinion.
The UNHCR, the UN Refugee Agency, works to protect asylum seekers and ensure their claims are heard fairly and efficiently. They advocate for the rights of asylum seekers, including access to education and healthcare, while they await the outcome of their claims. The IRC also supports asylum seekers with legal assistance, case management, and information services.
While the right to asylum is a universal human right, in practice, some countries may restrict access to asylum. For example, the Trump and Biden administrations in the US have restricted access to asylum at the border, with President Trump indefinitely suspending the right to seek asylum at the southern border.
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Asylum seekers may be of any age, gender, or nationality
The right to seek asylum is a universal human right, founded on the non-binding Universal Declaration of Human Rights, which states that everyone has the right to seek asylum from persecution in other countries. This right has been recognised by many ancient civilisations and has been adopted into Western tradition.
The right to seek asylum is protected by international law, and every person in the world has the right to apply for asylum if they are fleeing conflict or persecution. An asylum seeker is anyone who intends to seek or is awaiting a decision on their request for international protection.
The percentage of unaccompanied minors among all asylum seekers to Europe rose in 2015, reaching about 7% of all asylum applicants. Between 2008 and 2015, about 70-80% of these unaccompanied minors annually were boys aged 14-17, while about 10% were girls in the same age group. About 10% of unaccompanied minors annually have been aged 13 and under since 2008.
The annual number of asylum grants depends on how many individuals submit applications and how many can successfully prove their asylum claim.
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Asylum claims can be lengthy and complex
The Universal Declaration of Human Rights states that everyone has the right to seek and enjoy asylum from persecution in other countries. However, the declaration itself is non-binding, and the reality is that asylum seekers often face lengthy delays and an overwhelmed system. This is due to a combination of factors, including limited resources, complicated procedures, and policy changes. For example, the US introduced the Asylum Processing Rule in 2024, which was intended to reduce the court backlog and speed up decisions. However, as of mid-2025, this has not significantly improved wait times.
The US has two main asylum processes: affirmative and defensive. Affirmative asylum applications are filed with the United States Citizenship and Immigration Services (USCIS) by people who are not in deportation proceedings. In 2023, there were 456,750 affirmative asylum applications. Defensive asylum applications are filed as a defense in immigration court by those facing removal from the country. In 2023, there were 488,620 defensive asylum applications. Both processes involve an asylum interview, where an asylum officer hears the applicant's story and decides if they qualify for asylum.
The application process can be challenging, with Form I-589 needing to be submitted within one year of arriving in the country. There is then a biometrics appointment for fingerprints and identification, followed by the asylum interview. The entire process can take over three years, with applicants facing unprecedented delays and growing backlogs. This is despite policy changes attempting to speed up the process.
The complexity and length of asylum claims can cause uncertainty and hardship for those seeking protection, with vulnerable individuals and families facing prolonged periods of waiting and potential detention.
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Asylum seekers can be deported to a safe third country
The right to asylum has been recognised since ancient times, and is founded on the non-binding Universal Declaration of Human Rights, which states that everyone has the right to seek and enjoy asylum from persecution in other countries. This is further reinforced by the Convention Relating to the Status of Refugees, which defines a refugee as someone who cannot or will not return to their country due to a well-founded fear of persecution based on race, religion, nationality, social group membership, or political opinion.
While asylum seekers have the right to seek asylum, it is not an automatic right, and their applications may be rejected. In such cases, the principle of non-refoulement, enshrined in the 1951 Refugee Convention, comes into play, which forbids the deportation of asylum seekers to countries where their lives or freedoms would be threatened. However, this principle does not preclude the possibility of deportation to a safe third country, as is the case in the United States, which has a safe third country agreement with Canada.
The concept of a "safe third country" refers to countries deemed safe for asylum seekers, and their inclusion on this list can significantly reduce the number of asylum applicants. Examples of countries previously included on safe country lists include Benin, Cape Verde, Ghana, Mali, Mauritius Island, India, Senegal, Mongolia, Georgia, Ukraine, Bosnia, and Croatia.
It is important to note that the process of asylum application and the criteria for rejection or acceptance vary by country. For instance, in the United States, asylum seekers must generally apply within one year of arrival and may be barred from applying if they have previously been deported and re-entered the country. Additionally, certain criminal convictions or activities that pose a danger to national security may also result in a bar to asylum.
While asylum seekers have the right to seek protection, the ultimate decision on their claims rests with the receiving country, and they may be deported to a safe third country if their application is rejected, provided that country agrees to accept them.
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Frequently asked questions
Asylum is a form of protection granted to individuals who can demonstrate that they are unable or unwilling to return to their country because of a well-founded fear of persecution based on race, religion, nationality, membership of a particular social group, or political opinion.
Yes, according to the Universal Declaration of Human Rights (Article 14), everyone has the right to seek and enjoy asylum from persecution in other countries. This declaration was adopted following World War II.
Non-refoulement applies, which forbids deporting asylum seekers to any country where their "life or freedom would be threatened on account of race, religion, nationality, membership of a particular social group or political opinion", with exceptions due to security and crime.
An asylum seeker is someone who intends to seek or is awaiting a decision on their request for international protection. A refugee is someone who has obtained official refugee status from competent national authorities and is granted certain rights in conformity with the Refugee Convention.
The UNHCR works to strengthen asylum systems and laws and advocate for asylum claims to be heard fairly and efficiently. They protect asylum seekers and ensure their claims are processed promptly to prevent a growing backlog of cases.
