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An examination of the emergence of the legal regime in the United Kingdom addressing refugees and asylum seekers.
'Modern Legal Studies' is a series of short monographs which aims to make a significant contribution to legal scholarship and curriculum development. This title focuses on UK asylum law and policy.
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.
Britain's adherence to the European Convention on Human Rights has been developed to offer asylum to anybody in the world. In October 2000 the Labour government passed the Human Rights Act, which incorporates the provisions of the Convention into British law. Myles Harris argues that, in order to regain control over its borders, the UK must repeal the Human Rights Act and devise an isolationist, exclusionary immigration policy which includes an internal passport system based on fingerprints, DNA and iris scans; investigations into random asylum claims, followed by prosecution and deportation of those found to be making false claims; fines and imprisonment for those claiming asylum long after arriving in the country; and avoidance of employing immigrants.
Asylum.
Published in 1998. This title brings together 18 essays by a selection of experts in the area of refugee and asylum law and policy. Each essay examines an issue of contemporary interest to those working in the refugee field in the UK. They have been selected from papers presented at a highly successful conference on Refugee Rights and Realities which was held at the University of Nottingham in November 1996, organized by the Human Rights Law Centre at the University and funded by the Airey Neave Trust. The essays are organised into two sections. The first covers issues of legal process and policy ranging from the development of asylum law and policy in the UK to the country’s obligations under international law. Special emphasis is placed on the most recent developments surrounding the 1996 Asylum and Immigration Act. The second section provides the context for a more detailed examination of the social, health and welfare issues relevant to refugees and asylum seekers. These range from access to health care, housing rights and the education of refugees in London to questions of language and of race relations.
This book critically interrogates the principle of asylum for refugees in UK law and proposes that, when faced with the migration of non-European refugee groups, this principle has often been limited. The book considers the response of the State to the migration of various groups of refugees through five centuries. The reaction of the legal system to the arrival of gypsies and Huguenots from the Gudor period is analysed. The responses to the arrival of African refugees from the American War of Independence is also considered here, along with an examination of the reactions to refugees from the French Revolution and the Napoleonic Wars; various European refugee groups in the mid-Victorian period; Jews from Eastern Europe and later from Nazism; and groups displaced in Europe as a result of the Second World War. Refugees, Race and the Legal Concept of Asylum in Britain also provides a detailed discussion of the backlash against African and Asian refugee groups, in particular, as against the East African Asians, Vietnamese and Tamils from Sri Lanka. An analysis of the major legislative reforms of the 1990s which have been directed against the settlement of Asian and African refugees is also presented. The post-Second World War period is scrutinised in the context of the failure of European human rights law and international norms of refugee protection to secure the principle of asylum, and the implications of the development of a 'Fortress Europe' that is premised on the tight control of non-European migrants are drawn out.
Each asylum seeker has a story of why he left home, the difficulties he met on the journey and how he got asylum. Some are unable to retell their stories because of the amount of suffering they experienced in the different countries they passed through. But there is nothing more painful than being told that what you suffered is a lie, and then being detained and deported to the very countries you had run away and sitting your mind to receive the treatment you thought you had escaped. This book appeals to people in authority to please believe the stories of asylum seekers; give them a new home; a job and a future.
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.