Chapter 4

ASYLUM RIGHTS IN THE EUROPEAN COUNTRIES:

PROTECTION AND CRISIS

4.1 Introduction:
In case of seeking the status of asylum the asylum seekers choice the European Countries
because those countries are the most developed country all over the World, and the people of
those countries enjoys the best facilities that is required to live as a human benign and they also
enjoy the best security and that is why the European Countries get huge number of application
seeking the asylum status. In case of giving the status of asylum they try to certify the people
who seeks the status of asylum, sometimes they fails to find out the real characteristics of that
people.

4.2 Right of Asylum in United Kingdom (UK)

A person has a right to seek asylum to United Kingdom and the UK has international law
obligations not forcibly to return anyone to a country where they have a genuine fear they might
be persecuted.
Since 2002 a person waiting for their asylum claim to be decided has been prohibited from
working. As asylum seekers cannot lawfully work, they often have to rely on Government
support to live. The rules on asylum support are constantly changing. Generally, accommodation
and basic living costs are provided to asylum seekers waiting for a decision who would
otherwise be destitute.
There are also a number of people in the UK whose claim for asylum has been refused yet they
have not left the UK - often because there is no practical way for them to return to their home
country. In such cases these people (who are still unable to work) will be provided with limited
assistance only if it is shown that they are taking reasonable steps to leave the UK, or there is a
specific reason why they cannot leave. However, many people in these circumstances receive no
assistance and, denied the lawful means to support themselves, are living in appalling
circumstances of destitution - with many being homeless and forced to resort to begging and
even prostitution.

4
In 2005, in a case in which Liberty intervened, the House of Lords found that a policy of denying
basic support to those who are put in the position by the Government of being unable to support
themselves (by being refused the right to work) could amount to inhuman and degrading
treatment, in breach of Article 3 of the Human Rights Act.1

4.2.1 Right to seek Asylum:

If you come into the UK and you are escaping persecution you have a right to seek asylum.
But you will only be given refuge if you show that:
 You are outside your own country;
 You have a well-founded fear of persecution;
 That persecution is because of your race, religion, nationality, membership of a particular
social group or political opinion; and
 You can’t rely on your country’s government to protect you from the persecution.
If you can show that you meet all the criteria above, then the UK has a duty not to return you to
where you will face persecution.

The right to seek asylum is set out in the Universal Declaration on Human Rights. It is one of the
most important obligations in international law. The UK has a long tradition of giving refuge to
those escaping persecution, and this has saved the lives of many thousands of people who would
otherwise have been killed. Unfortunately, many people around the world continue to be at risk
of persecution, so there continues to be a need for countries like the UK to provide a place of
safety.

4.2.2 Treatment of Asylum Seekers

Asylum seekers are amongst the most vulnerable groups in society. Often they will have left
everything behind when they fled their countries. They may have been subjected to torture, or

1
available https://www.liberty-human-rights.org.uk/human-rights/asylum-and-borders/asylum-support-and-right-
work> (Last accessed on 14th May 2019) Author: The National Council for Civil Liberties is a company limited.
Liberty House, 26-30 Strutton Ground, London, SW1P 2HR.

5
they may have witnessed their loved ones being killed. Often their health and well-being will be
seriously affected.
However, the UK and other European countries are making it increasingly difficult for people to
exercise their right to seek asylum. Despite the fact that asylum seekers are entering countries
legally under international law, they are often treated like criminals.
In particular, Liberty is concerned about:
 Real issues of mistreatment and neglect of asylum seekers detained in immigration
detention centers. Of particular concern is the detention of children and families;
 Fast-tracking of the asylum application, where asylum seekers have their application
decided in just two days and then only have two days to appeal. This mean that those who
have complicated asylum claims will not have a chance to have them properly
considered, and will not have a chance to properly present their case or to appeal against
the decision to remove them;
 Asylum seekers have no support or right to work, and they can be left without any means
whatsoever to support themselves. Leaving people in such complete destitution is
inhuman and degrading.2

4.2.3 Asylum Seekers have Unrestricted Rights to Work

As a general rule, asylum seekers are not allowed to work in the UK. They can only apply for
permission to work if:
 they have waited for over 12 months for an initial decision on their asylum claim, or they
have been refused asylum but have not received a response to further submissions
submitted over 12 months ago; and
 they are not considered responsible for the delay in decision-making.
Permission to work only allows asylum seekers to take up jobs on the UK’s official shortage
occupation list. It expires once the asylum claim has been finally determined (i.e. when all appeal
rights are exhausted).
During the passage of the Immigration Bill 2015-16, peers voted in favor of a new clause which
would have shortened the qualifying period for applying for permission to work and enabled
2
available https://www.liberty-human-rights.org.uk/human-rights/asylum-and-borders/right-seek-asylum> (Last
accessed on 14th May 2019) Author: The National Council for Civil Liberties is a company limited. Liberty House,
26-30 Strutton Ground, London, SW1P 2HR.

6
asylum seekers to take up any job, or voluntary work or self-employment. The clause did not
have Government support and was rejected during ping-pong stage. Calls to change the policy,
and the Government’s response for more than a decade, the UK’s policies to restrict asylum
seekers’ rights to work in the UK have attracted criticism from NGOs, trade unions, churches
and some Parliamentarians, amongst others. Calls for change have tended to focus on:

 reducing the length of time that asylum seekers must wait before becoming eligible to
apply for permission to work (in particular, to six months, which is UKVI’s standard
target for asylum decision-making), and
 Allowing refused asylum seekers to work if there is a temporary obstacle preventing their
departure from the UK (such as lack of cooperation from the authorities in their country
of origin).
Suggested advantages of extending asylum seekers’ rights to work include that it would:
 benefit the UK economy and reduce the costs to the taxpayer of supporting asylum
seekers
 alleviate some of the difficulties that asylum seekers can face during the asylum
determination process, such as social and economic exclusion, de-skilling, low self-
esteem and poor mental health, and improve asylum seekers’ integration and employment
prospects in the event of a positive asylum decision
 reduce asylum seekers’ vulnerability to exploitation through working illegally
Successive governments have rejected calls to extend asylum seekers’ rights to work. They have
consistently emphasized concerns that to do so might encourage unfounded asylum claims.
Campaigners have argued that there is little evidence to support this assertion.
International comparisons Comparable provisions in other EU Member States vary. For example,
Germany and Belgium grant permission to work after three and six months respectively. The
recast Reception Conditions Directive reduced the maximum waiting time for permission to
work from twelve to nine months across EU Member States. The UK, Ireland and Denmark are
not participating in the recast Directive.3
4.3 Right of Asylum in France
3
available available http://researchbriefings.parliament.uk/ResearchBriefing/Summary/SN01908>Last assessed on
(12th May 2019) Author: Melanie Gower. Commons Briefing papers SN01908.

7
France was the first country to recognize the constitutional right to asylum, this being enshrined
in article 120 of the Constitution of 1793.4 The modern French right of asylum is recognized by
the 1958 Constitution, vis-à-vis the paragraph 4 of the preamble to the Constitution of 1946, to
which the Preamble of the 1958 Constitution directly refers. The Constitution of 1946
incorporated of parts of the 1793 constitution which had guaranteed the right of asylum to
"anyone persecuted because of his action for freedom" that are unable to seek protection in their
home countries.
In addition to the constitutional right to asylum, the modern French right to asylum (droitd'asile)
is enshrined on a legal and regulatory basis in the Code de l'Entreeet du Sejour des Etrangers et
du Droitd'AsileFrance also adheres to international agreements which provide for application
modalities for the right of asylum, such as the 1951 United Nations (UN) Convention Relating to
the Status of Refugees (ratified in 1952), the additional 1967 protocol; articles K1 and K2 of the
1992 Maastricht Treaty as well as the 1985 Schengen Agreement, which defined
EU immigration policy. Finally, the right of asylum is defined by article 18 of the Charter of
Fundamental Rights of the European Union.
Some of the criteria for which an asylum application can be rejected include: i) Passage via
“safe" third country, ii) Safe Country of Origin (An asylum seeker can be a prior refused asylum
if the he or she is a national of a country considered to be "safe" by the French asylum authority
OFPRA), iii) Safety Threat (serious threat to the public order), or iv) Fraudulent Application
(abuse of the asylum procedure for other reasons). While restricted, the right of political asylum
has been conserved in France amid various anti-immigration laws. Some people claim that, apart
from the purely judicial path, the bureaucratic process is used to slow down and ultimately reject
what might be considered as valid requests. According to Le Figaro, France granted 7,000
people the status of political refugee in 2006, out of a total of 35,000 requests; in 2005, the
OFPRA in charge of examining the legitimacy of such requests granted less than 10,000 from a
total of 50,000 requests?5

4.3.1 Who is Eligible to Apply for asylum in France?

4
Refugee Survey Quarterly, Volume 27, Issue 3, Pub, Oxford University Press (OUP) 1st January 2008.
5
Le Figaro, La porteétroite de l'asilepolitique",(French)13th February 2007, p.20

8
Applying for asylum in France is a two steps process, where one has to register to the Prefecture
before being granted the right to apply to asylum.
Unless the prefecture finds out that:
• The applicant has entered Europe from another country or has already applied for asylum in
another EU country (Dublin Ruling);
• Applied for asylum in another EU country;
• Are from a country listed as a safe country free from persecution by the CNDA;
• Are a threat to French Government or society; and/or have major criminal record;6
The prefecture will then issue a temporary authorization to reside in France (APS) within a
maximum of 15 days after the applicant’s visit, allowing them the right to reside in France for a
month renewable and apply for asylum within the next 21 days. If the prefecture refuses the right
to stay in France on one of the grounds quoted above and so refuses the right for the applicant to
apply for asylum to the OFPRA, a person’s options to apply to asylum in France are restricted. If
the reason for refusal is because of the application being handled by another EU country (Dublin
II ruling), the applicant is not allowed to apply for asylum in France at this stage. If the transfer
to the country responsible has not happened in the next six months, France becomes then
responsible of the asylum seeker’s application.

4.3.2 Asylum Seekers Social Rights in France

As an asylum seeker, you are entitled to benefit from social rights all your procedure long. These
social rights are: health insurance (allows you to access medical care), accommodation
(housing), monthly allowance (financial assistance each month), and bank account.7

4.3.3 Who is Eligible?

You will not be eligible to apply for asylum if you: · filed your application after being in the
United States for more than one year. However, you may qualify for an exception if you show
 changed circumstances materially affecting your asylum eligibility for asylum or
 Extraordinary circumstances relating to your delay in filing.

6
available https://migreat.wordpress.com/2015/08/25/applying-for-refugee-status-in-france-quick-review-of-
changes-to-immigration-laws-and-processes/> Last Accessed on (10th May 2019)
7
available https://domasile.info/en/what-social-rights-do-i-have-as-an-asylum-seeker-in-france/>Last accessed on
(10th May 2019)Author: Dom’Asile, French association NGOs in France (1999).

9
  You must still file your application within a reasonable time under the circumstances to
be eligible for an exception.
Changed circumstances may include but are not limited to:
 Changes in conditions in your country of nationality or, if you are stateless, your country
of last habitual residence
 Changes in your circumstances that materially affect your eligibility for asylum,
including changes in applicable U.S. law and activities you become involved in outside
the country offered persecution that place you at risk
 If you were previously included as a dependent in someone else’s pending asylum
application, the loss of the spousal or parent-child relationship to the principal applicant
through marriage, divorce, death, or attainment of age 21

Extraordinary circumstances may include but are not limited to: ·

 Serious illness or mental or physical disability, including any effects of persecution or
violent harm suffered in the past, during the 1-year period after your arrival in the U.S.
 Legal disability, such as your status as an unaccompanied minor or you suffered from a
mental impairment, during the 1-year period after your arrival in the U.S.Ineffective
assistance of counsel, if:
 You file an affidavit explaining in detail the agreement that you had with your lawyer
about the actions to be taken by your lawyer on your behalf and what your lawyer told
you he or she would do for you
 You have informed the lawyer whom you are criticizing of the accusations against him or
her and the lawyer has been given an opportunity to respond
 You indicate whether you have filed a complaint with appropriate disciplinary authorities
about any violation of your lawyer’s ethical or legal responsibilities, and if not, why not
 You had Temporary Protected Status (TPS), lawful immigrant or nonimmigrant status, or
you were given parole, until a reasonable period before you filed your asylum application
 You filed an asylum application before the expiration of the 1-year deadline, but USCIS
rejected your application as not properly filed, returned the application to you for
corrections, and your-filed your application within a reasonable time after the return

10
  The death or serious illness or incapacity of your legal representative or a member of
your immediate family

For a list of circumstances that may be considered changed or extraordinary circumstances, see 8
CFR 208.4 and the “Asylum Bars” link to the right. You will be barred from applying for asylum
if you previously applied for asylum and were denied by the Immigration Judge or Board of
Immigration Appeals, unless you demonstrate that there are changed circumstances which affect
your eligibility for asylum. You will also be barred if you could be removed to a safe third
country to a two-party or multi-party agreement. Currently, the United States has a safe third
country agreement with Canada that does not apply to you if you are applying for asylum
affirmatively with USCIS. 8
The agreement only applies in Credible Fear Screenings. For more information about the safe
third country agreement with Canada, see the “Questions & Answers: Credible Fear
Screenings” link to the right. For more information about bars to applying, see “Asylum Bars” to
the right.9

4.3.4 Refugee Resettlement in the United Kingdom:

The United Kingdom is proud of its history of welcoming immigrants and refugees. The U.K.
refugee resettlement program reflects the United Kingdom, highest values and aspirations to
compassion, generosity and leadership. Since 1975, England have welcomed over 3 million
refugees from all over the world. Refugees have built new lives, homes and communities in
towns and cities in all 50 states.10

4.3.5 Resettlement: The Solution for Only a Few

A refugee is someone who has fled from his or her home country and cannot return because he or
she has a well-founded fear of persecution based on religion, race, nationality, political opinion
or membership in a particular social group. The first step for most refugees is to register with the
8
available https://www.uscis.gov/humanitarian/refugees-asylum/asylum/questions-and-answers-asylum-eligibility-
and-applications> Last Accessed on (18th April 2019) U.S. Citizenship and Immigration Services (USCIS)
9
available https://www.uscis.gov/humanitarian/refugees-asylum/asylum/questions-and-answers-asylum-eligibility-
and-applications> Last Accessed on (18th April 2019) U.S. Citizenship and Immigration Services (USCIS)
10
available https://www.theguardian.com/uk-news/201/mar/01/how-britain-hard-stance-refugees-reshaping-
european-policy>Last Accessed on (18th April 2019).Guardian, Kings Place, 90 York Way London N1 9GU, United
Kingdom.

11
United Nations High Commissioner for Refugees (UNHCR) in the country to which s/he has
fled. UNHCR has the mandate to provide international protection to refugees. UNHCR
determines if an individual qualifies as a refugee and, if so, works toward the best possible
durable solution for each refugee: safe return to the home country, local integration, or third-
country resettlement.
According to UNHCR’s latest statistics, there are approximately 21.3 million refugees in the
world. The vast majority of these refugees will receive support in the country to which they fled
until they can voluntarily and safely return to their home country. A small number of refugees
will be allowed to become citizens in the country to which they fled, and an even smaller number
primarily those who are at the highest risk will be resettled in a third country. While UNHCR
reports that less than 1 percent of all refugees are eventually resettled in third countries, the
United States welcomes almost two-thirds of these refugees, more than all other resettlement
countries combined.11

4.3.6 Legal Framework

The legal provisions governing the Asylum Program can be found in Section 208 of the INA.
Rules concerning eligibility requirements and procedures can be found at 8 CFR 208. Asylum
officers also rely on case law to adjudicate asylum claims. Administrative decisions made by the
Board of Immigration Appeals (BIA) can be found in the “BIA Appeals” link to the right.12

4.4 Rights and Obligations of Asylum Seekers in Ireland:

During the period that your application for international protection is being processed in Ireland,
you have certain rights and obligations under the International Protection Act 2015.
Rights
• Unless your case is to be dealt with in accordance with the Dublin III Regulation, you will not
be removed from the State until you have been given the opportunity to present your case fully to
the International Protection Office.
• Every effort will be made to provide you with an interpreter, where necessary and possible.

11
Ibid.
12
available https://www.uscis.gov/humanitarian/refugees-asylum/asylum/questions-and-answers-asylum-eligibility-
and-applications> Last Accessed on (18thApril 2019) U.S. Citizenship and Immigration Services (USCIS)

12
• You are entitled to consult a solicitor. The Refugee Legal Service is an independent body that
provides legal assistance to individuals applying for international protection. An information
leaflet about the Refugee Legal Service will be given to you when you make your initial
application.
• You are entitled to consult with the United Nations High Commissioner for Refugees
(UNHCR) who has an office in Dublin.
• The Reception and Integration Agency will provide you with accommodation (on a full board
basis) in one of their accommodation centers while your application for international protection
is being processed. You are entitled to welfare support and health care while your application is
being processed.13

Obligations
• You must comply with the laws of the State.
• You must notify, in writing, the Minister for Justice and Equality of your address as soon as
possible and any change of address. Failure to do so could result in you being found guilty of an
offence under the International Protection Act 2015. Failure to do so could also result in you not
receiving important notifications in relation to your application and consequently failing to meet
time limits for lodging documentation, appeals, and so on. You can find out more about offences
under the International Protection Act 2015 see 'Further information' below.
• In all correspondence with the International Protection Office or the International Protection
Appeals Tribunal you should clearly indicate your name, address, nationality, and the reference
number shown on your temporary residence certificate.
• You must not leave or attempt to leave the State without the consent of the Minister for Justice
and Equality while your application is under consideration.
• You are not entitled to seek or enter employment or carry on any business, trade or profession.
• You may be required to report at specified intervals to an immigration officer or to a specified
Garda station.
available

13
available http://www.citizensinformation.ie /en/moving_country/asylum _seekers_and_refugee /the_asylum_
process_in _ ireland/rights_ and_obligations_of_asylum_seekers_in_ireland.html> Last Accessed on (19th April
2019)

13
4.5 Asylum Rights in Germany
Legislation: Germany was among the last major receiving countries to revise its asylum policies
to recognize gender based per situation due partly to the countries distinct asylum jurisprudence
arising out of the post-world war II organize of German asylum law. 14

4.5.1 Stages of Asylum Procedure

Arrival and registration: All individuals reporting as seeking asylum in the Federal Republic of
Germany are registered. The opportunity is taken here to centrally store personal data, and a
photograph as well as fingerprints. All public agencies which need them for their respective tasks
later have access to these data.
Initial distribution and accommodation: The first step is for all asylum-seekers to be received in
the closest reception facilities of the Federal Land in question. Such a facility may be responsible
for temporary as well as longer-term accommodation.
The competent reception facility: The competent reception facility is responsible for providing
food and board for asylum-seekers. They receive benefits in kind at subsistence level during their
stay and a monthly amount of money to cover their everyday personal needs.
Personal asylum applications: A personal application is filed with the branch office of the
Federal Office or at an arrival center. An interpreter is available for this appointment to help
applicants
Understand their rights and duties within the asylum procedure.
Examining the Dublin procedure, The Dublin procedure is a procedure for determining the
Member State responsible prior to the actual examination of the asylum application. It is used to
establish which European country is responsible for examining an asylum application.
The personal interview: The personal interview is the applicant’s most important appointment
within his/her asylum procedure. Advice is therefore available from organizations providing aid
when it comes to preparing for the interview.
The decision of the Federal Office: The Federal Office decides on the asylum application on the
basis of the personal interview and of a detailed examination of documents and items of
evidence.

14
Dr. Tuhin Malik, International refugee law: a lexicon of principles & issuesed.2. Publisher: Dhaka: Bangladesh
Bar Council, 1998.p.42.

14
The decision rests on the fate of the individual applicant. It is reasoned in writing, and is served
on the person concerned, the applicant or the legal representative, as well as on the competent
immigration authorities.

4.6 Asylum System in Italy

The Italian asylum system foresees a single regular procedure, the same for the determination of
both refugee status and subsidiary protection status. Within this procedure the Territorial
Commissions may decide those cases falling under the prioritized procedure or in the accelerated
procedure.
According to Italian legislation, there is no formal time-frame for lodging an asylum request. The
intention to make an asylum request may be expressed also orally by the applicant in his or her
language with the assistance of a linguistic-cultural mediator. However, asylum seekers should
present their application as soon as possible. Immigration legislation prescribes, as a general rule,
a deadline of 8 days from arrival in Italy for migrants to present themselves to the authorities. 15

4.6.1 Legal Framework

The right to asylum in Italy is enshrined in article 10.4 of the Constitution, granting protection to
“the foreigner who is denied in his country the effective exercise of the democratic rights
guaranteed by the Constitution”. Over the years different laws regulating the asylum issue have
alternated. Nowadays, there is not an organic legal system, since the relevant provisions have
been issued following the EU directives (namely 2003/9 Directive on Reception, 2004/83
Directive on Qualifications and 2005/85Directive on Procedures) and are mainly collected in
three decrees (D. lgs 140/2005, D.lgs 251/2007 and D.lgs 25/2008) in coordination with the main
law concerning migration (L. 189/2002)

4.7 Conclusion
A man can be a state less but cannot be a domicile les. It is not hard to know about the historical
background of asylum. It is a right of parson who seek the status of asylum to any other country.
Asylum is on kind of protection for the persons who are forcedly removed from his Country or

15
available http://www.asylumineurope.org/reports/country/italy/asylum-procedure/general/short-overview-asylum-
procedure>Last Accessed on 21th April 2019) Short overview of the Asylum procedure of Italy, Author: ASGI

15
who feel that the living country is not safe for him; his life is under threat than he can go another
country where he wants to live and seek the status of asylum from the receiving country. It is the
right of a person given under the International Law.

16