An examination of the emergence of the legal regime in the United Kingdom addressing refugees and asylum seekers.

Asylum.

Asylum seekers are not welcome in Europe. But why is that the case? For many scholars, the policies have become more restrictive over recent decades because the asylum seekers have changed. This change is often said to be about numbers, methods of travel, and reasons for flight. In short: we are in an age of hypermobility and states cannot cope with such volumes of ‘others’. This book presents an alternative view, drawing on theoretical insights from Third World Approaches to International Law, post- and decolonial studies, and presenting new research on the context of the British Empire. The text highlights the fact that since the early 1990s, for the first time, the majority of asylum seekers originate from countries outside of Europe, countries which until 30-60 years ago were under colonial rule. Policies which address asylum seekers must, the book argues, be understood not only as part of a global hypermobile present, but within the context of colonial histories.

Winner of the 2018 British Society of Criminology Book Prize Britain is often heralded as a country in which the rights and welfare of survivors of conflict and persecution are well embedded, and where the standard of living conditions for those seeking asylum is relatively high. Drawing on a decade of activism and research in the North West of England, this book contends that, on the contrary, conditions are often structurally violent. For survivors of gendered violence, harm inflicted throughout the process of seeking asylum can be intersectional and compound the impacts of previous experiences of violent continuums. The everyday threat of detention and deportation; poor housing and inadequate welfare access; and systemic cuts to domestic and sexual violence support all contribute to a temporal limbo which limits women’s personal autonomy and access to basic human rights. By reflecting on evidence from interviews, focus groups, activist participation and oral history, Gendered Harm and Structural Violence provides a unique insight into the everyday impacts of policy and practice that arguably result in the infliction of further gendered harms on survivors of violence and persecution. Of interest to students and scholars of criminology, zemiology, sociology, human rights, migration policy, state violence and gender, this book develops on and adds to the expanding literatures around immigration, crimmigration and asylum.

The New Asylum Model, introduced by the Home Office in 2006 to achieve faster conclusions to asylum applications, has strengthened aspects of the asylum process. The case ownership approach, in which a single individual manages an application from start to finish, has created a strong incentive to conclude cases and applications are being concluded more quickly, and there are also signs that the quality of decision-making is improving. But the new process is not yet working to its optimum efficiency and effectiveness. The UK Border Agency has done well to improve its handling of the casework. There was a rise in the proportion of cases being dealt with within six months, peaking above the target of 40 per cent in December 2007. The backlog of decisions to be made has however more than doubled in over a year, to 8,700 in the second quarter of 2008. At the point of application, the full screening interview is not taking place in a quarter of cases, so that key information about claims could be being missed. A separate process has been established to clear, by 2011, the backlog of 'legacy cases', unresolved before the introduction of the New Asylum Model, which is put at some 335,000 cases. The Agency has made inroads but the target looks challenging. Few removals of failed applicants are being achieved, hampered by a lack of detention space and problems obtaining emergency travel documents. Throughout the second half of 2007, the gap between unfounded applications and removals increased. The Agency missed its 'tipping point' objective, which is to remove more failed asylum applicants than the number who make new unfounded applications. Unfounded applications exceeded removals by over 20 per cent.

White Paper

The human and political problems presented by refugees and asylum are acute and are not improving. This is reflected in international concern and the existence of a treaty framework. The emergent body of refugee law is an amalgam of international, regional and national rules and procedures. But it is national law and practice, particularly with regard to immigration, which in reality determines an individual's right to asylum. The key to a true appreciation and understanding of the plight of refugees and the extent of their current rights therefore lies in national law and practice.