Keith Mack
Asylum seekers are people who have left their country and are seeking protection from persecution and serious human rights violations in another country. Seeking asylum is a human right, and every person in the world has the right to apply for asylum if they are fleeing conflict or persecution. However, asylum seekers often face challenges and restrictions, such as family separation, prosecution under racist laws, and rapid processing for deportation. There are also concerns about violations of asylum protection and restrictive immigration policies that can hinder their access to protection. This raises the question of whether asylum seekers are viewed as law breakers or individuals seeking refuge, and what legal protections and rights they should be afforded.
| Characteristics | Values |
|---|---|
| Definition | An asylum seeker is someone who has left their country and is seeking protection from persecution and serious human rights violations in another country, but who hasn’t yet been legally recognised as a refugee and is waiting to receive a decision on their asylum claim. |
| Legal status | Asylum seekers are not legally recognised as refugees until their application has been processed. |
| Application | Asylum seekers must apply for protection in the country of destination, meaning they must arrive at or cross a border in order to apply. |
| Exclusion criteria | Asylum seekers who have committed crimes against peace, war crimes, crimes against humanity, or other non-political crimes, or whose actions are contrary to the purposes and principles of the United Nations, are excluded from international protection. |
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What You'll Learn
- Asylum seekers are people who have left their country and are seeking protection from persecution and serious human rights violations
- Asylum seekers are not the same as refugees, who have been legally recognised as such
- Asylum seekers are often detained or pushed back in violation of international law
- Asylum seekers are subject to criminal prosecutions for unauthorised entry and re-entry, which violate their rights
- Asylum seekers are entitled to certain rights and protections under their legal status
Asylum seekers are people who have left their country and are seeking protection from persecution and serious human rights violations
Asylum seekers are distinct from economic migrants, who leave their country to seek better economic opportunities. Asylum seekers are fleeing for their lives and are seeking protection from serious harm. They are often escaping situations of political, religious or ethnic persecution, or human rights abuses.
The right to seek asylum is enshrined in the Universal Declaration of Human Rights, Article 14. Asylum seekers are protected under international law, and the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees. However, asylum seekers who have committed crimes against peace, war crimes or crimes against humanity are excluded from international protection.
It is important to note that asylum seekers are not 'law breakers' simply by virtue of seeking asylum. Seeking asylum is a legal right protected under international law. However, some asylum seekers may have committed crimes in their home countries, and this can complicate their asylum claims.
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Asylum seekers are not the same as refugees, who have been legally recognised as such
Refugees, on the other hand, have been legally recognised as such. They have been compelled to leave their country and cannot return because of a serious threat to their life, physical integrity or freedom as a result of persecution, armed conflict, violence or serious public disorder. This legal status provides them with certain rights and protections.
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Asylum seekers are often detained or pushed back in violation of international law
According to the Universal Declaration of Human Rights Article 14, asylum seekers have the right to seek asylum from persecution. This is also included in the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees. However, asylum seekers who have committed crimes against peace, war crimes, or crimes against humanity are excluded from international protection.
Despite these legal protections, asylum seekers are often detained or pushed back by countries that are reluctant to accept them. This can result in asylum seekers being held in detention centres or being denied entry at the border, which can be a violation of their human rights.
It is important for countries to uphold their international legal obligations and provide protection to those seeking asylum from persecution and serious human rights violations. By detaining or pushing back asylum seekers, countries are failing to meet their obligations under international law and are putting vulnerable individuals at risk.
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Asylum seekers are subject to criminal prosecutions for unauthorised entry and re-entry, which violate their rights
Asylum seekers are people who have left their country of residence and entered another country, where they make a formal application for the right of asylum. They are seeking protection from persecution, serious human rights violations, and dangers in their home country. Asylum seekers are not the same as refugees, who have already been legally recognised as having this right to protection.
In the US, federal officials are prosecuting migrants and asylum seekers for entering the country without permission or for re-entering the country without permission after a prior deportation or removal order. These are commonly referred to as 'illegal entry' and 'illegal re-entry', or collectively as 'entry-related offences'. Tens of thousands of asylum seekers are subjected to criminal prosecution for these crimes every year. Prosecutions for entry-related offences reached an all-time high of 106,312 in Fiscal Year (FY) 2019, near the end of the Trump administration.
However, prosecuting people seeking asylum due to their manner of entry would violate US treaty obligations that prohibit such penalties in most cases. These prosecutions also violate US refugee treaty obligations, impinge on due process, separate children from their parents, waste government funds, and divert prosecutorial resources from serious criminal and security threats.
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Asylum seekers are entitled to certain rights and protections under their legal status
Asylum seekers are people who have left their country of residence and are seeking protection from persecution, serious human rights violations, and dangers in their home country. They make a formal application for the right of asylum in another country, according to the Universal Declaration of Human Rights Article 14. Asylum seekers are entitled to certain rights and protections under their legal status, which is distinct from that of refugees.
While asylum seekers have not yet been legally recognised as refugees, they are still entitled to some rights and protections. These rights and protections are outlined in international laws and agreements, such as the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees. Asylum seekers are protected from being returned to a country where they face serious threats to their life, physical integrity, or freedom. They are also entitled to due process in the assessment of their asylum claim, which includes the right to a fair and efficient procedure, access to legal representation, and the right to appeal any negative decisions.
Additionally, asylum seekers are entitled to certain basic rights and services, such as the right to housing, education, and healthcare, to ensure their well-being while their asylum claim is being processed. These rights and protections are crucial in ensuring the safety and dignity of asylum seekers, who have often experienced trauma and hardship in their journey to seek protection.
It is important to note that asylum seekers who have committed certain crimes, such as crimes against peace, war crimes, or crimes against humanity, are excluded from international protection. Their actions must also not be contrary to the purposes and principles of the United Nations.
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Frequently asked questions
An asylum seeker is someone who has left their country and is seeking protection from persecution and serious human rights violations in another country.
People seek asylum when they are fleeing conflict, persecution, or serious human rights violations in their home country. They have the right to apply for asylum under international law and the 1951 Refugee Convention.
No, asylum seekers are people who have not yet been legally recognised as refugees. They are waiting for a decision on their asylum claim.
Asylum seekers are often subject to restrictive immigration laws and policies that criminalise their actions. For example, in the US, asylum seekers can be prosecuted for unauthorised entry or re-entry, which violates their rights and denies them due process.
Asylum seekers often face challenges such as family separation, rapid deportation, and detention. They may also be subject to racist laws and policies that curtail their access to protection.
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