Protection regimes for non-recognised refugees

Results displayed in this section refer to research on policies, laws, legislation, regulation or measures concerning non-recognised refugees. It relates to the protection and rights of asylum seekers for whom the status of refugee has not been recognized. The term “non-recognised refugees” includes failed asylum seeker claims and rejected asylum seekers. The other types of protection that can be provided to those who are not recognized as refugees include (according to national legislation) temporary protection, humanitarian protection and subsidiary protection. 

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Out of Sight, Out of Mind: Post-return Monitoring – A Missing Link in the International Protection of Refugees?

Authors Jari Pirjola
Year 2019
Journal Name Refugee Survey Quarterly
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1 Journal Article

Between a Rock and a Hard Place: a Human Rights Assessment of the Fate of Excluded Asylum-seekers and Criminal Refugees in Australia

Authors Julia Zomignani Barboza
Year 2022
Journal Name Refugee Survey Quarterly
Citations (WoS) 1
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2 Journal Article

Returning Rejected Asylum Seekers: Challenges and good practices – Luxembourg

Authors Linda Dionisio, Noemi Marcus, Adolfo Sommarribas, ...
Description
The issue of non-return of rejected international protection applicants does not enjoy a high political profile on its own, but has been discussed as part of a global debate on asylum. Significant efforts are required when considering the wide spectrum of possible reasons of non-return, some reasons depending on the countries of destination, others on the returnee himself/herself. In this respect, reasons of non return range from the non-respect of deadlines, the issuance of travel documents, postponement of removal for external reasons to the returnee, for medical reasons, the resistance of the third-country national and the lack of diplomatic representation of Luxembourg, to name but a few. In regards to the procedure, in Luxembourg the rejection of the international protection application includes the return decision. The Minister in charge of Immigration, through the Directorate of Immigration, issues this decision. The return decision only becomes enforceable when all appeals are exhausted and the final negative decision of rejection of the competent judicial authority enters into force, as appeals have suspensive effects. This decision also sets out the timeframe during which the rejected international protection applicant has to leave the country. In case the applicant does not opt for a voluntary return, the decision will also include the country to which s/he will be sent. In general, the decision provides for a period of 30 days during which the applicant has the option to leave voluntarily and to benefit from financial support in case of assisted voluntary return through the International Organization for Migration (IOM). There are two exceptions to this rule: the applicant who is considered a threat to national security, public safety or homeland security and the applicant who has already been issued a return decision before. The declaration and documentation provided during the procedure of international protection can be used to facilitate return. Subsequent applications are possible, in particular if new evidence of facts appears resulting in an increased likelihood of the applicant to qualify for international protection. For rejected international protection applicants who did not opt for voluntary return and did not receive any postponement of removals, a certain (limited) support is available while waiting for the execution of the enforceable return decision. As such, they continue to stay in reception facilities and to receive certain social benefits unless they transgress any internal rules. If an urgent need exists, rejected applicants may be granted a humanitarian social aid. However, they are not entitled to access the labour market or to receive ‘pocket money’ or the free use of transport facilities. They benefit from an access to education and training, however this access cannot constitute a possible reason for non-return. These benefits are available to rejected applicants until the moment of their removal. In order to enforce the return decision and prevent absconding, the Minister may place the rejected international applicant in the detention centre, especially if s/he is deemed to be obstructing their own return. Other possible measures include house arrest, regular reporting surrendering her/his passport or depositing a financial guarantee of 5000€. Most of these alternatives to detention were introduced with the Law of 18 December 2015 which entered into force on 1st January 2016. As a consequence, detention remains the main measure used to enforce return decisions. A number of challenges to return and measures to curb them are detailed in this study. A part of these measures have been set up to minimize the resistance to return from the returnee. First and foremost is the advocacy of the AVRR programme and the dissemination of information relating to this programme but also the establishment of a specific return programme to West Balkan countries not subject to visa requirements. Other measures aim at facilitating the execution of forced returns, such as police escorts or the placement in the detention centre. Finally, significant efforts are directed towards increasing bilateral cooperation and a constant commitment to the conclusion of readmission agreements. No special measures were introduced after 2014 in response to the exceptional flows of international protection applicants arriving in the EU. While the Return service within the Directorate of Immigration has continued to expand its participation to European Networks and in various transnational projects in matters of return, this participation was already set into motion prior to the exceptional flows of 2014. As for effective measures curbing challenges to return, this study brings to light the AVRR programme but especially the separate return programme for returnees from West Balkan countries exempt of visa requirements. The dissemination of information on voluntary return is also considered an effective policy measure, the information being made available from the very start of the international protection application. Among the cases where return is not immediately possible, a considerable distinction has to be made in regards to the reasons for the non-return. Indeed, in cases where the delay is due to the medical condition of the returnee or to material and technical reasons that are external to the returnee, a postponement of removal will be granted. This postponement allows for the rejected applicant to remain on the territory on a temporary basis, without being authorized to reside and may be accompanied by a measure of house arrest or other. In cases of postponement for medical reasons and of subsequent renewals bringing the total length of postponement over two years, the rejected applicant may apply for a residence permit for private reasons based on humanitarian grounds of exceptional seriousness. Nevertheless, apart from this exception, no official status is granted to individuals who cannot immediately be returned. Several measures of support are available to beneficiaries of postponement to removal: they have access to accommodation in the reception centres they were housed in during their procedure, they may be attributed humanitarian aid, they continue to be affiliated at the National Health Fund, they continue to have access to education and professional training and they are allowed to work through a temporary work authorization. The temporary work authorization is only valid for a single profession and a single employer for the duration of the postponement to removal, although this is an extremely rare occurrence in practice. OLAI may allocate a humanitarian aid might be allocated if the individual was already assisted by OLAI during the procedure of her/his international protection application. All of these measures apply until the moment of return. The study also puts forth a number of best practices such as the Croix-Rouge’s involvement in police trainings, their offer of punctual support to vulnerable people through international networking or the socio-psychological support given to vulnerable people placed in the detention centre among others. A special regard has to be given to AVRR programmes and their pre-departure information and counselling, the dissemination of information and the post-arrival support and reintegration assistance. Indeed, stakeholders singled the AVRR programme out as a best practice and the Luxembourgish government has made voluntary return a policy priority for a long time. However, this increased interest in voluntary returns has to be put into perspective as research shows that sustainable success of voluntary return and reintegration measures is only achieved for a very restricted number of beneficiaries (namely for young, autonomous and dynamic returnees with sizeable social networks and who were granted substantial social capital upon return). Hence, returning women remains a sensitive issue, especially if they were fleeing abusive relationships. Another factor contributing to hardship set forth by research is the difficult reintegration of returnees that have lived outside of their country of return for a prolonged period of time and are therefore unable to rely on social networks for support or for a sense of belonging. Based on these considerations, NGOs and academia cast doubts on the ‘voluntary’ nature of these return programmes, their criticism targeting the misleading labelling of these policy measures.
Year 2016
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3 Report

Who Ought to Stay? Asylum Policy and Protest Culture in Switzerland

Authors Dina Bader
Book Title Protest Movements in Asylum and Deportation
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4 Book Chapter

Asylum Policies and Protests in Austria

Authors Verena Stern, Nina Merhaut
Book Title Protest Movements in Asylum and Deportation
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5 Book Chapter

Why failed asylum seekers should have a conditional right to stay: an ethical guideline for policy debates

Authors Leila Hadj Abdou, Eszter Kollar
Year 2024
Journal Name Comparative Migration Studies
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6 Journal Article

Political Protest in Asylum and Deportation. An Introduction

Authors Sieglinde Rosenberger
Book Title Protest Movements in Asylum and Deportation
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7 Book Chapter

Return Procedures Applicable to Rejected Asylum-Seekers in the European Union and Options for their Regularisation

Authors Grega Strban, Primoz Rataj, Zlatko Sabic
Year 2018
Journal Name Refugee Survey Quarterly
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11 Journal Article

Living Liminality. Ethnological insights into the life situation of non-deportable refugees in Malta

Authors Sarah Nimfuehr
Year 2016
Journal Name OSTERREICHISCHE ZEITSCHRIFT FUR VOLKSKUNDE
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12 Journal Article

Rejected Asylum Seekers: The Problem of Return

Authors Gregor Noll
Year 1999
Journal Name International Migration
Citations (WoS) 17
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13 Journal Article

Access to Maternity Care for ‘Failed’ Asylum Seekers

Authors Anna Gaudion, Jenny McLeish, Claire Homeyard
Year 2006
Journal Name International Journal of Migration, Health and Social Care
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14 Journal Article

Social protection of non-removable rejected asylum-seekers in the EU

Authors Paul Schoukens, Siemen Buttiens
Year 2017
Journal Name European Journal of Social Security
Citations (WoS) 3
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15 Journal Article

Partei ergreifen: Protest gegen die Abschiebung von AsylbewerberInnen. Ein Vergleich zwischen Deutschland, Österreich und der Schweiz

Principal investigator Helen Schwenken (Principal Investigator), Sieglinde Rosenberger (Principal Investigator), Gianni d'Amato (Principal Investigator)
Description
"The project explores protest against the deportation of rejected asylum seekers in Austria, Switzerland and Germany. Deportation has become a central element of immigration control, particularly of asylum seekers whose application has been rejected. At the same time, it can be seen as contradicting the intention of human rights obligations for individuals in need of protection, which raises normative questions related to justice and universal norms vis-à-vis state sovereignty and policy implementation adopted by lawful means. This tension is reflected by the fact that certain sections of the population and the public have become sensitive towards the forcible expulsion of non-citizens from the state territory. Such feelings of unease and moral outrage manifest themselves in various forms of protest that are directed against the most coercive measure a sovereign state can take. The central aim of the project is to explore and explain the goals, form and degree of diverse anti-deportation protest activities across countries and time (1995-2010). In particular, the project seeks to answer the following research questions: 1.What shapes the trajectories of protest against the deportation of asylum seekers and what is characteristic and even distinct about anti-deportation protest? 2. How can we explain variation in the goals, forms, and degree of anti-deportation protest, both across countries and over time? The project develops an innovative and integrated perspective by combining different theoretical approaches (political opportunity structure approach and resource mobilization perspective) and considering emotional processes into the analysis. Empirically, the study will be based on newspaper articles about deportation, protest material produced by protest groups and interviews with protesters. In methodological terms, the project combines quantitative and qualitative text analysis with a series of in-depth case studies on individual deportation cases that triggered protest. The project will make an important contribution to the literature on migration and social movements. More specifically, we will assess (a) the role of structural factors vis-à-vis agency and resources and (b) the motivational and strategic functions that emotions play in protest. "
Year 2013
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16 Project

The European Union and the Challenges of Forced Migration: From Economic Crisis to Protection Crisis?

Authors Vincent CHETAIL, Céline BAULOZ
Description
The current economic crisis occurs at a turning point of the EU asylum policy. After a frenetic phase leading up to the adoption of numerous EU directives and regulations, the Common European Asylum System (CEAS) has now entered a second phase of consolidation of the asylum acquis. This new impulse paves the way for a re-assessment of the whole CEAS with a view to ensuring a genuine common asylum policy. Against such a background, it is timely to consider whether the EU has developed the appropriate means to achieving harmonization. Indeed, all stakeholders are aware that the CEAS is losing edge, revealing its limits, not only in terms of refugee protection, but also as regards its capacity for properly fulfilling its main objective: the establishment of a truly common asylum system. However, the recurrent temptation to tighten migration controls in times of recession inevitably begs the question of its impact on the current consolidating phase of the EU asylum policy. In the midst of this reflective period, the present Report aims at reassessing the CEAS through a critical overview of its four main strategic pillars: preventing access to EU territory;  combating ‘asylum-shopping’;  criminalizing failed asylum-seekers and enforcing their return;  promoting the integration of refugees duly recognized as such. This four-pronged strategy has proved instrumental in alleviating asylum pressure in the last decade and will probably be even more in the wake of the current recession. The most pressing challenge is that of preventing the economic crisis from transforming into a protection crisis at the expense of refugee rights.
Year 2011
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17 Report

Protests Revisited: Political Configurations, Political Culture and Protest Impact

Authors Helen Schwenken, Gianni D’Amato
Book Title Protest Movements in Asylum and Deportation
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18 Book Chapter

Flights of Shame or Dignified Return? Return Flights and Post-return Monitoring

Authors Jari Pirjola
Year 2015
Journal Name European Journal of Migration and Law
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19 Journal Article

‘I don’t have a life to live’: deaths and UK detention

Authors Harmit Athwal
Year 2014
Journal Name Race & Class
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20 Journal Article

Accelerated removals: the human cost of EU deportation policies

Authors Liz Fekete
Year 2011
Journal Name Race & Class
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21 Journal Article

Black African asylum seekers’ experiences of health care access in an eastern German state

Authors Penelope Scott
Year 2014
Journal Name International Journal of Migration, Health and Social Care
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22 Journal Article

Det riktige valget? Motivasjon og beslutningsprosess når avviste asylsøkere velger frivillig retur

Authors Cecilie Øien, Synnøve Bendixen
Description
Denne studien belyser hvilke forhold som motiverer personer med utreiseplikt til å velge frivillig retur framfor å bli i Norge uten lovlig opphold. Retur av personer med endelig avslag på asylsøknad eller som av andre grunner ikke har lovlig opphold, er et uttalt politisk mål i Norge og mange EU-land. Vi utdyper hvor kompleks beslutningsprosessen med hensyn til å velge frivillig retur er. Ordningen med frivillig retur opplevdes som obligatorisk av respondentene, mens den kalles frivillig av myndighetene. Å dra med program for frivillig retur eller å avvente tvangsretur ble sett på som de eneste mulige alternativene til det å leve utenfor samfunnet, og uten formelle rettigheter som irregulær migrant i Norge. «Frivillig retur» ble derfor lite beskrivende for deres opplevelse av situasjonen. For dem vi intervjuet, handlet beslutningsprosessen om å foreta det valget som var best for dem selv og eventuelt for deres barn.
Year 2012
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23 Report

Secundaire migratie van asielzoekers in de EU

Authors The Dutch Advisory Committee on Migration Affairs (Asviescommissie voor Vremdelingenzaken, ACVZ), Koos Richelle, Minze Beuving, ...
Description
Asielzoekers die de EU op irreguliere wijze inreizen, blijven vaak niet in de lidstaat waar zij aankomen. Doormigratie van asielzoekers in de EU is niet helemaal te voorkomen, maar kan wel beter worden aangepakt. De Adviescommissie voor Vreemdelingenzaken adviseert daarom een bredere aanpak in EU-verband. Het aantal asielzoekers dat na aankomst in de EU doorreist naar een andere lidstaat is de laatste jaren sterk toegenomen, terwijl het aantal asielaanvragen in de EU sinds 2016 weer op het niveau van 2014 ligt. Tijdens de ‘vluchtelingencrisis’ in 2015 reisden de meeste asielzoekers door van Zuid- naar Noord- en van Oost- naar West-Europa. Sinds 2016 vindt er juist meer ‘secundaire migratie’ van asielzoekers plaats tussen de Noordwest-Europese lidstaten. Doormigratie van asielzoekers in de EU zet de asiel- en opvangstelsels van de lidstaten onder druk, tast de solidariteit tussen lidstaten aan, ondermijnt het maatschappelijk draagvlak voor migratie, houdt mensensmokkelnetwerken in stand en kan tot langdurige verblijfsonzekerheid en verdere uitzichtloosheid voor asielmigranten leiden. Lidstaten proberen het doorreizen van asielzoekers onder meer tegen te gaan door: 1) Het herinvoeren of intensiveren van grenscontroles; 2) Meer toezicht op vreemdelingen; 3) Het versoberen van de opvang; 4) het invoeren van verblijfsrechtelijke beperkingen; 5) Het toepassen van vreemdelingenbewaring (waar mogelijk). Nationale beleidsaanscherpingen kunnen asielzoekers afschrikken, maar dat leidt tot meer doormigratie naar andere lidstaten. Voor de EU als geheel is dat dus geen oplossing. De implementatie van de EU-Turkije verklaring en het sluiten van de Balkanroute hebben geleid tot een vermindering van het aantal asielzoekers dat direct na aankomst in de EU doorreist. Tegenwoordig reizen vooral asielzoekers door die ergens nog een asielaanvraag hebben openstaan of van wie de aanvraag is afgewezen. Het Dublin-systeem, dat is ingevoerd om te bepalen welke lidstaat verantwoordelijk is voor het behandelen van een asielaanvraag, werkt niet goed om het doorreizen van asielzoekers tegen te gaan. Met name de omgang met evident kansarme aanvragen van asielzoekers uit veilige landen van herkomst vormt een probleem. Ook lukt het niet goed om afgewezen asielzoekers terug te sturen naar hun land van herkomst. Doormigratie van asielzoekers in de EU kan effectiever worden tegengegaan door: 1) een overtuigende aanpak van de grondoorzaken van asielmigratie, zowel buiten als binnen de EU; 2) Positieve prikkels te introduceren voor zowel asielzoekers als lidstaten om zich aan de regels te houden. Zorg voor een verschillende behandeling van asielzoekers die al sociale, economische of culturele banden met lidstaten hebben, die afkomstig zijn uit veilige landen van herkomst en die evident kansarme aanvragen indienen en die niet onder de eerste twee groepen vallen; 3) Door onder meer in de relaties met landen van herkomst niet eenzijdig te focussen op het tegengaan van irreguliere migratie.
Year 2019
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24 Report

Nowhere to run: Iraqi asylum seekers in the UK

Authors Helen Hintjens
Year 2012
Journal Name Race & Class
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25 Journal Article

Anonymous Aliens? Questions of Identification in the Detention and Deportation of Failed Asylum Seekers

Authors Melanie Griffiths
Year 2012
Journal Name Population, Space and Place
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26 Journal Article

Comparative overview of national protection statuses in the EU and Norway (Country report Luxembourg)

Authors Adolfo Sommarribas, Ralph Petry, Birte Nienaber
Description
Luxembourg has integrated in the protection system the European legal framework on protection. However, besides the international protection (refugee status and subsidiary protection status) and the temporary protection statuses, the Luxembourgish legal system foresees two humanitarian statuses which are: a) residence permit for private reasons based on serious humanitarian grounds; b) the postponement of removal based on medical reasons. In regard to the latter, there are the following steps: 1) the postponement of removal can be granted and renewed for up to 24 months; 2) after 2 years, if the medical condition persists, an authorisation of stay for medical reasons may be granted and a residence permit for private reasons may be issued. However, it is important to stress at this point that the Luxembourgish authorities do not consider the two aforementioned residence permits issued according to articles 78 (3) and 131 (2) of the Immigration Law as “protection statuses” as such, but precisely as residence permits issued to the applicant. The granting of these two “protection statuses” are based on the discretionary power of the Minister in charge of Immigration and Asylum. The residence permit for private reasons based on humanitarian grounds (Status A of this report) allows for the Minister to grant an authorisation to stay in the country to an irregular migrant if s/he is in in need to stay based on humanitarian reasons of exceptional circumstances. There is not an exhaustive list of reasons on which the Minister can base his/her decision. However, there is an exhaustive analysis of the reasons advance by the applicant. Any third country national irregularly staying on the territory can apply for this residence permit. However, in the case of rejected asylum seekers, the application will be rejected if the applicant advances the same reasons that s/he advanced during the international protection procedure. On the contrary, the residence permit for medical reasons requires that, in the first stage, the applicant had received a return decision and an order to leave the territory. In order to obtain the residence permit, he/she has to obtain first a decision for a postponement of removal for medical reasons that has to be renewed for two years before the applicant can file the application for the residence permit based on medical reasons. This residence permit is not granted automatically and if the applicant does not file his/her application after expiration of the postponement of removal for medical reasons after two years, s/he will be precluded and the return decision will be executed, except if s/he proves that s/he cannot be returned for medical reasons. In this case, the entire procedure will have to start again.
Year 2019
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28 Report

Governance, Forced Migration and Welfare

Authors Peter Dwyer
Year 2005
Journal Name Social Policy & Administration
Citations (WoS) 17
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29 Journal Article

“I Live in Agony”: the Everyday Insecurity of Rejected Somali Asylum-seekers in Finland

Authors Abdirashid A. A. Ismail, Abdirashid A. Ismail
Year 2023
Journal Name Journal of International Migration and Integration
Citations (WoS) 1
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31 Journal Article

Migrant mothers, rejected refugees and excluded belonging in Hong Kong

Authors Nicole Constable
Year 2021
Journal Name Population, Space and Place
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32 Journal Article

Humanitarian Protection for Children Fleeing Gang-Based Violence in the Americas

Authors Elizabeth Carlson, Anna Marie Gallagher
Year 2015
Journal Name Journal on Migration and Human Security
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33 Journal Article

Irregular Migration – The Case of Egypt

Authors Tarek BADAWY
Description
Egypt hosts thousands of foreign nationals, a small percentage of whom are considered regular migrants or recognized refugees. This paper will outline the different legal tools that bind non-Egyptians and explore the problems that irregular migrant, including failed asylum-seekers face. It will also explain how the Minister of the Interior has absolute powers with regards to naturalization and deportations and propose an alternative mechanism that is fairer and more compliant with modern human rights standards.
Year 2008
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34 Report

‘Starve them out’: does every child really matter? A commentary on Section 9 of the Asylum and Immigration (Treatment of Claimants, etc.) Act, 2004

Authors S Cunningham, J Tomlinson
Year 2005
Journal Name Critical Social Policy
Citations (WoS) 16
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36 Journal Article

REJECTED ASYLUM-SEEKERS IN NORWAY, RETURN CENTRES AND OTHER ARRANGEMENTS PROMOTING RETURN

Authors Marko Valenta, Kristin Thorshaug
Year 2011
Journal Name Tidsskrift for samfunnsforskning
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37 Journal Article

Britain and Algeria: Problems of Return

Authors George JOFFÉ
Description
Britain is not an obvious country to which Algerians migrate, although the crisis of the Algerian civil war in the 1990s was to make it an alternative to continental Europe, especially France. From 45 in 1991, asylum applications peaked in 1995 at 1,865 persons and then ran at a consistently high level up to 2002. They are now in steep decline. Return of Algerian asylum-seekers has not followed a similar pattern, however, and many Algerians in Britain are illegally here. In fact, they have ranged between 85 (1998) and 220 (2005) a year, with no figures being available for 1999 and 2000. The British government admits that the efficacy of its return policy has been very limited, although domestic pressure has led to a much more concerted effort to return failed asylum seekers in recent years. However, the bare statistics must be seen against the growth of British security policies since 2001 and particularly since 2005. Fears of terrorism in Britain linked to the Algerian community here have led to a disproportionate arrest rate amongst Algerians, particularly in the ricin trial, the indefinite detention of Algerians on suspicion of involvement in terrorism without trial, agreements about mutual extradition, memoranda of understanding over the return of Algerians allegedly involved in terrorist activities and much closer cooperation between British and Algerian security services. This securitisation process has made the return of Algerians to Algeria much more problematic and has brought into question the British government’s commitment to its obligations within the European Union.
Year 2007
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38 Report

Failed Asylum-Seekers' Responses to Arrangements Promoting Return: Experiences from Norway

Authors Marko Valenta, Kristin Thorshaug
Year 2011
Journal Name Refugee Survey Quarterly
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39 Journal Article

The deportation machine: Europe, asylum and human rights

Authors L Fekete
Year 2005
Journal Name Race & Class
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40 Journal Article

Expulsion of failed asylum seeker suffering from AIDS

Year 2005
Journal Name JOURNAL OF MEDICAL ETHICS
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41 Journal Article

Diverging interpretations of humanitarian exceptions: assisting rejected asylum seekers in Norway

Authors Thea Rabe, Hanna Buer Haddeland
Year 2021
Journal Name Journal of Ethnic and Migration Studies
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44 Journal Article

Living in Fear: Rejected Asylum Seekers Living as Irregular Migrants in England

Authors Alice Bloch
Year 2013
Journal Name Journal of Ethnic and Migration Studies
Citations (WoS) 13
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45 Journal Article

The Ambivalent U.S. Context of Reception and the Dichotomous Legal Consciousness of Unaccompanied Minors

Authors Chiara Galli
Year 2019
Journal Name Social Problems
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46 Journal Article

From securitisation to martialisation: Logistics of humanitarian protection in Brazil’s Amazon

Authors Francis Portes Virginio, Brian Garvey, Paul Stewart
Year 2024
Journal Name Environment and Planning D: Society and Space
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47 Journal Article

Integration of beneficiaries of international/humanitarian protection into the labour market: Policies and good practices – Luxembourg

Authors David Petry, Adolfo Sommarribas, Birte Nienaber
Description
In Luxembourgish legislation the term “international protection” includes both refugee status and subsidiary protection status. Integration of beneficiaries of international protection into the Luxembourgish labour market might appear quite unproblematic at first glance. From a legal point of view, the access is indeed very much open to both beneficiaries of international protection as well as beneficiaries of subsidiary protection. As from 2006 onwards, the legislator proceeded with an approximation of both statuses, providing the same rights to both types of beneficiaries of international protection. As soon as the applicants are granted international protection they are authorised to engage in employed or self-employed activities under the same conditions as Luxembourgish nationals, with the exceptionof civil servant jobs. This is also true for most of the support measures that aim to advance or enhance the access to employment, whether on the level of education, vocational training, language learning, recognition of diploma, counselling, social aid or access to housing. In each of those areas, the beneficiaries of international may in principle benefit from equivalent access as provided to other migrants, third-countrynationals or Luxembourgish nationals. Yet, the reality on the ground seldom matches the aims of the legislative framework. Effective access to the labour market remains a significant challenge for beneficiaries of international protection in order to fully integrate in Luxembourgish society. The linguistic regime as well as the high demands in terms of language requirements constitute a first major hurdle, both at the level of education/vocational training and the labour market. Rather than being able to immediately access the regular education system, respectively the labour market, refugees must first engage in a learning process sometimes coupled with administrative procedures (i.e. recognition of diplomas) that may significantly slow down the integration process. The transition period that begins once the applicant is granted international protection status appears to be particularly challenging. Indeed, several measures from which the applicants for international protection benefited during the procedure will no longer be available once they are granted the status. Thus, social aid, including housing, provided to international protection seekers will no longer be applicable to refugees. Even though national authorities have implemented several specific targeted measures in order to facilitate the transition period (i.e. progressive financial contribution to accommodation costs), it remains a phase of instability and uncertainty for the refugees and their families. This also stresses the need for employment-related support measures, which in Luxembourg are implemented in a more general integration framework. Thus, most of the support measures that exist for beneficiaries of international protection are not tailored to them in particular, but they are also open to other types of migrants or foreigners living in Luxembourg.
Year 2016
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49 Report

The removal of failed asylum seekers international norms and procedures

Authors John Gibson, UNHCR. Policy Development and Evaluation Service
Year 2007
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50 Report

The long-term impact of employment bans on the economic integration of refugees

Year 2018
Journal Name SCIENCE ADVANCES
Citations (WoS) 3
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51 Journal Article

Bordering through recalibration: Exploring the temporality of the German “Ausbildungsduldung”

Authors Kari Anne Drangsland
Year 2020
Journal Name Environment and Planning C: Politics and Space
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52 Journal Article

Return, Precarity and Vulnerability in West Africa: Evidence from Nigeria

Authors Amanda Bisong
Year 2022
Book Title Migration in West Africa
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53 Book Chapter

Humanitarian Bottom League? Sweden and the Right to Health for Undocumented Migrants

Authors Shannon Alexander
Year 2010
Journal Name European Journal of Migration and Law
Citations (WoS) 11
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54 Journal Article

The “Right to Remain Here” as an Evolving Component of Global Refugee Protection: Current Initiatives and Critical Questions

Authors Daniel Kanstroom
Year 2017
Journal Name Journal on Migration and Human Security
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55 Journal Article

Return Schemes from European Countries: Assessing the Challenges

Authors Giulia Scalettaris, Flore Gubert
Year 2018
Journal Name International Migration
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56 Journal Article

Introduction

Authors Julia Dahlvik
Book Title Inside Asylum Bureaucracy: Organizing Refugee Status Determination in Austria
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57 Book Chapter

Learning to be Unbiased: Evidence from the French Asylum Office

Authors Mathilde Emeriau
Year 2022
Journal Name American Journal of Political Science
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58 Journal Article

‘Knocking on doors that never open’: examining discourses of rejected asylum seekers from Kosova

Authors Kaltrina Kusari
Year 2019
Journal Name Journal of Ethnic and Migration Studies
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59 Journal Article

Carceral islands: the rise of the Danish deportation archipelago

Authors Sigrid Corry
Year 2022
Journal Name Race & Class
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60 Journal Article

Deserving Shelter: Conditional Access to Accommodation for Rejected Asylum Seekers in Austria, the Netherlands, and Sweden

Authors Ilker Atac
Year 2019
Journal Name Journal of Immigrant & Refugee Studies
Citations (WoS) 28
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61 Journal Article

Gastarbeiter Migration Revisited: Consolidating Germany’s Position as an Immigration Country

Authors Jutta Höhne, Amanda Klekowski von Koppenfels
Book Title South-North Migration of EU Citizens in Times of Crisis
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62 Book Chapter

Rejected Asylum Seekers from Kosova: A Social Work Critique of Repatriation as a Durable Solution

Authors Kaltrina Kusari, Christine A. Walsh
Year 2019
Journal Name The International Journal of Interdisciplinary Global Studies
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63 Journal Article

How voluntary are voluntary returns?

Authors Frances Webber
Year 2011
Journal Name Race & Class
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64 Journal Article

“We Belong Together!” Collective Anti-deportation Protests in Osnabrück

Authors Maren Kirchhoff, Sophie Hinger, Ricarda Wiese
Book Title Protest Movements in Asylum and Deportation
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65 Book Chapter

Crackdown or Symbolism? An Analysis of Post-2015 Policy Responses Towards Rejected Asylum Seekers in Austria

Authors Ilker Ataç, Theresa Schütze
Year 2020
Book Title Migrants with Irregular Status in Europe
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66 Book Chapter

Beyond the Law: Power, Discretion, and Bureaucracy in the Management of Asylum Space in Thailand

Authors Adam Saltsman
Year 2014
Journal Name Journal of Refugee Studies
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67 Journal Article

Transfer Back to Malta: Refugees’ Secondary Movement Within the European Union

Authors Gine Skov
Year 2016
Journal Name Journal of Immigrant & Refugee Studies
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69 Journal Article

Between Illegalization, Toleration, and Recognition: Contested Asylum and Deportation Policies in Germany

Authors David Lorenz, Maren Kirchhoff
Book Title Protest Movements in Asylum and Deportation
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70 Book Chapter

The effectiveness of return in EU Member States: challenges and good practices linked to EU rules and standards EU 2017

Authors European Migration Network (EMN)
Description
The return of illegally-staying third-country nationals is one of the main pillars of the EU’s policy on migration and asylum. However, recent Eurostat data show that return rates at EU level have not improved despite the important increase in the number of rejected asylum applications and in the number of return decisions issued since 2014. In its 2015 EU Action Plan on Return and subsequently in its 2017 Communication on a more effective return policy and the accompanying Recommendation, the Commission emphasised the need for a stronger enforcement of EU rules on return in order to increase the overall effectiveness of the EU’s return policy. The EMN conducted this study with the purpose of investigating good practices and challenges in Member States’ application of EU rules on return and equivalent standards.
Year 2018
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72 Report

Refugees and crises of law

Authors Simon Behrman
Year 2018
Journal Name Patterns of Prejudice
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73 Journal Article

What drives ‘soft deportation’? Understanding the rise in Assisted Voluntary Return among rejected asylum seekers in the Netherlands

Authors Arjen Leerkes, Rianne van Os, Eline Boersema
Year 2017
Journal Name Population, Space and Place
Citations (WoS) 1
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74 Journal Article

A mixed-method study of expert psychological evidence submitted for a cohort of asylum seekers undergoing refugee status determination in Australia

Authors Kuowei Tay, Naomi Frommer, Jill Hunter, ...
Year 2013
Journal Name Social Science & Medicine
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75 Journal Article

Challenging repatriation as a durable solution: A critical discourse analysis of Kosova's repatriation strategy

Authors Kaltrina Kusari, Christine A. Walsh
Year 2021
Journal Name Southeast European and Black Sea Studies
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76 Journal Article

Asylum Seekers’ Responses to Government COVID-19 Recommendations: A Cross-sectional Survey in a Swiss Canton

Authors Kevin Morisod, Marie-Anne Durand, Kevin Selby, ...
Year 2022
Journal Name Journal of Immigrant and Minority Health
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77 Journal Article

Before the Convention: The Spanish Civil War and Challenges for Research on Refugee History

Authors Javier Rodrigo, David Alegre Lorenz
Year 2022
Journal Name Refugee Survey Quarterly
Citations (WoS) 2
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78 Journal Article

Constructing Immigrants: Portrayals of Migrant Groups in British National Newspapers, 2010–2012

Authors William L. Allen
Year 2016
Journal Name International Migration Review
Citations (WoS) 26
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79 Journal Article

Corporeal Choreographies between Politics and the Political: Failed Asylum Seekers Moving from Body Politics to Bodyspaces

Authors Eeva Puumala, Samu Pehkonen
Year 2010
Journal Name International Political Sociology
Citations (WoS) 21
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81 Journal Article

Who Is a Refugee? Uncertainty and Discretion in Asylum Decisions

Authors Tone Maia Liodden
Year 2020
Journal Name International Journal of Refugee Law
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82 Journal Article

Unaccompanied Children Seeking Asylum in Sweden: Living Conditions from a Child-Centred Perspective

Authors Anna Lundberg, Lisa Dahlquist
Year 2012
Journal Name Refugee Survey Quarterly
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83 Journal Article

Local responses in restrictive national policy contexts: welfare provisions for non-removed rejected asylum seekers in Amsterdam, Stockholm and Vienna

Authors Ilker Ataç, Theresa Schütze, Victoria Reitter
Year 2020
Journal Name Ethnic and Racial Studies
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84 Journal Article

The UK's ‘Safe and Legal’ Humanitarian Routes: from Colonial Ties to Privatising Protection

Authors Michaela Benson, Nando Sigona, Elena Zambelli
Year 2024
Journal Name The Political Quarterly
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85 Journal Article

The End of Refugee Law?

Authors David James Cantor
Year 2017
Journal Name Journal of Human Rights Practice
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86 Journal Article

EU Asylum Governance and E(xc)lusive Solidarity: Insights From Germany

Authors Emek M. Ucarer
Year 2022
Journal Name Social Inclusion
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87 Journal Article

Scaling rights: the ‘Turkey deal’ and the divided geographies of European responsibility

Authors Luiza Bialasiewicz, Enno Maessen
Year 2018
Journal Name Patterns of Prejudice
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88 Journal Article

The Cruel Optimism of Work Permits: Vulnerabilities and Deportability Among Rejected Asylum-Seekers and International Students Pursuing Track Changes in Sweden

Authors Mona Hemmaty, Mona Hemmaty
Year 2024
Journal Name Journal of Immigrant & Refugee Studies
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89 Journal Article

Fleeing a Well-Founded Fear of Persecution to Be Persecuted Again? The Case of LGBTIQ+ Refugees and Asylum Seekers in Uganda

Authors Cristiano D’Orsi
Year 2024
Journal Name International Journal of Refugee Law
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90 Journal Article

Migrants’ Post‐Return Wellbeing: A View From the Caucasus

Authors Ine Lietaert
Year 2020
Journal Name International Migration
Citations (WoS) 5
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91 Journal Article

Talking about return. Governmental caseworkers' regulative, normative and cultural‐cognitive strategies during “return conversations” with irregularised migrants

Authors Michael Sinnige, Marieke van Houte, Arjen Leerkes
Year 2022
Journal Name International Migration
Citations (WoS) 1
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92 Journal Article

Paradoxes of Protection: Compassionate Repression at the Mexico–Guatemala Border

Authors Rebecca Galemba, Katie Dingeman, Kaelyn DeVries, ...
Year 2019
Journal Name Journal on Migration and Human Security
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94 Journal Article

A study of HIV positive undocumented African migrants' access to health services in the UK

Authors James Whyte, Maria D. Whyte, Kimberly Hires
Year 2015
Journal Name AIDS Care
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96 Journal Article

Affective Borderwork: Governance of Unwanted Migration to Europe Through Emotions

Authors Ida Marie Savio Vammen, Katrine Syppli Kohl
Year 2022
Journal Name Journal of Borderlands Studies
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98 Journal Article

Mass Influxes and Protection in Europe: A Reflection on a Temporary Episode of an Enduring Problem

Authors John Koo
Year 2018
Journal Name European Journal of Migration and Law
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99 Journal Article

When Refugees Don't Go Home: The Situation of Liberian Refugees in Ghana

Authors Abeeku Essuman-Johnson
Year 2011
Journal Name Journal of Immigrant & Refugee Studies
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100 Journal Article
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