Asylum Seeker

Asylum Seeker, person who seeks the status of refugee in national or international law. People seek asylum when it becomes impossible for them to remain in their country of nationality or habitual residence, due to a well-founded fear of persecution. Asylum is usually granted under the terms of the Geneva Convention of 1951 relating to the Status of Refugees, although it may also be granted under the specific terms of national legislation. For example, until reunification, West Germany granted asylum under its constitution on terms that were generally considered more favourable than the convention.

The boundary between asylum seekers and refugees is somewhat blurred. For example, the granting of asylum by a state is declaratory, rather than constitutive of refugee status. Thus, an asylum seeker can already be a refugee, even though a state has not yet recognized this status. Individuals who do not have valid claims to refugee status in international law may also seek asylum, such that asylum seekers may not necessarily be refugees. The term “asylum seeker” is primarily in use in Europe, where individuals must file individual claims to be recognized as refugees.

Although a qualified right to claim asylum is enshrined in the Universal Declaration of Human Rights of 1948, in practice it is often not straightforward to claim asylum. Over recent decades, many European countries have instituted a number of controls, such as increased numbers of border guards, visa requirements, carrier sanctions, and “airline liaison officers” who seek to prevent unauthorized travel. As a result, both refugees and other migrants have increasingly resorted to the use of smugglers to gain entry to Western Europe in order to claim asylum.

For those who get through, there is also increased testing of the authenticity of asylum claims, as individuals are required to demonstrate that their case is “genuine”. This process usually takes months or years. In most European countries, asylum seekers are not allowed to work during this time, and may be required to live in designated accommodation, often at a dispersed location away from the capital city.

Partly as a result of restrictions on work, travel, and residence, asylum seekers often face significant difficulties in settling into their host countries, although some states offer training and support to ease the transition. There is also considerable racist violence against asylum seekers in a number of European countries, sometimes against a background of inflammatory stereotyping by the media.