There are countless stories of people leaving their motherlands and fleeing to seek asylum in other countries to avoid conflicts, violence, and any kind of persecution or fear of being killed.
After coming to the UK to pursue my Masters in Human Rights, I have learned how asylum has been applied and exercised in developed countries.
On the one hand, asylum is a source of protection of life for many. On the other hand, due to restrictive migration rules and regulations, many people migrate through irregular means, as they don’t qualify for legal routes or such routes are limited.
Therefore, asylum or refuge can be used as a source of immigration and settlement. In the recent past, the number of irregular arrivals has increased in developed countries, including the UK.
The phrase right to asylum may seem to be the same thing as the words refugee, resettlement, displaced person, and migrant, but legally it has a distinct meaning. An asylum seeker is an individual who applies for refugee status, and his case has not yet decided on their case.
The right to asylum is not new; the Universal Declaration of Human Rights, 1948 protects the right to seek and enjoy asylum in other countries from persecution. Later on, the term was given a legal meaning through the 1951 Refugee Convention and its 1967 Protocol, which is considered a cornerstone treaty in refugee law.
Generally, all these different terms are intermixed for a person who is stateless or not in their country of origin. These rights are also reflected in Asylum and Immigration Appeals Act, 1993, Human Rights Act, 1998, the Nationality, Immigration and Asylum Act, 2002, and the Asylum and Immigration (Treatment of claimants etc) Act, 2004.
It is essential to understand who a person seeking asylum is, and why they are seeking asylum.
As defined, it is very clear that any person who has a fear of death, a lack of state protection, persecution, violence, or conflicts may seek asylum in another state following the due process of law. International law has provided a way to protect their life. These people may include political and social activists, politicians, religious minorities, ethnic groups, famous figures, individuals, and anyone who has been targeted for beliefs, ideas, or ideology. Any person who has a fear of serious harm can seek asylum. All these people are eligible to seek asylum in any other country. Additionally, this right extends to families who have faced or have a fear of domestic violence and also seek asylum to save their lives. .
People seeking asylum find themselves in sudden threat, immediate danger, or after repeated threats of death. In such a situation, they escape or flee from their country as soon as possible. The most important thing to know is that it's not necessary to apply for asylum from one’s own country. International law even permits that if people enter a country through its borders or rivers, they should be allowed asylum after their due registration by giving details, e.g., identity.
Most of the time, people choose to enter a country to seek asylum through illegal and irregular means, including border crossing, smuggling routes, and other irregular routes without any authorized permits. People who enter the hosting state through unauthorised routes are also entitled to seek asylum under the Convention of 1951. The convention recognises that a refugee may travel without any valid documents through irregular routes without fear of being prosecuted or penalised.
In a recent case, the UK Supreme Court unanimously declared that the flagship policy of removing individual asylum seekers to Rwanda for their claims to be decided under the Rwandan Asylum system was illegal. The claimants were individual asylum seekers who entered the UK through an irregular route, using boats. The Supreme Court held that the policy is unlawful on substantial grounds that asylum seekers would face a risk of ill treatment by reason of refoulement to their country of origin.
To summarize, we can say that the right to asylum helps to protect the people having fear of persecution and violence. It puts a great responsibility on the international community to offer safety and dignity to those in need, irrespective of how they arrive. Hosting countries do face challenges in managing the issues related to migrants and asylum seekers, but still human life protection shall remain the central concern. International law and judicial decisions also enforce and emphasize the importance of this right. This right is not just a right. Rather, it's a moral responsibility and a service to humanity, not a tool to settle in developed countries.
Shehryar Hassan is the Right to Asylum and Human Rights Editor for Wandering Educators. He is a Master’s student in Human Rights and Diplomacy at the University of Stirling, with a strong academic and professional interest in international human rights. Passionate about issues concerning asylum seekers and displaced persons, Shehryar is currently interning with Wandering Educators as The Right to Asylum & Human Rights Editor, where they contribute to articles exploring global human rights topics. Dedicated to advancing human rights advocacy, Shehryar aspires to work with international organizations supporting vulnerable communities worldwide.