Posts tonen met het label Asylum-seekers. Alle posts tonen
Posts tonen met het label Asylum-seekers. Alle posts tonen

16 augustus 2020

The hole of the donut: how the person deciding on someone's asylum claim uses his or her own personal discretionary space

Can I have your attention for a very interesting article on decisionmaking regarding asylum. While people have to work within a legal framework the person who interviews or decides has a certain freedom and people also work differently.


"On the third day of the asylum procedure, the asylum seeker will be given the opportunity to explain why he fled from his country of origin.[1] During the interview, his asylum motives will therefore take centre stage. An interpreter will be present during this interview, and a volunteer from the Netherlands Refugee Network or the asylum seeker’s lawyer may be present, but often is not. On the basis of this interview, the Immigration and Naturalization Department (IND) decision-maker will assess the merits of the asylum application in combination with what the IND knows about the situation in the country of origin. This interview is largely free of form. The hearing officer asks a number of standard questions that are prescribed in the format, but the core of the interview is the so-called “free narrative.” The asylum seeker is given the opportunity to tell in his own words why he left his country of origin. The hearing officer then uses this story as a starting point to come to a decision on the asylum claim.

[Severijns calls the space in which the IND worker makes this decision, “discretionary space.”]

(p. 250)

The essence of discretionary space is the freedom to make choices within it. In the theoretical framework of this research, I use Ronald Dworkin’s analogy of discretionary space as “the hole in the donut.” According to Dworkin, the hole in which freedom of choice exists is surrounded by a ring of rules. The choices made are legitimate so long as they remain within the limits set by the rules….From the perspective of IND employees, the donut ring is formed not only by regulations, but also by the procedural, organizational, and social contexts within which IND employees have to work. In practice, the rules do not determine how much discretionary space they encounter. Rather, the expectations of IND staff about the ways in which the rules A long line of people forming an arrow lead to a building with a sign that reads, "Immigration Interviews."

must be interpreted and to what extent the organization is capable of directing and controlling the behavior of IND staff, hold sway."

 

Continu your reading on the original page:  https://artseverywhere.ca/2020/07/22/refugees-stories/

 Ralph Severijns (1982) is a part-time fellow at the Centre for State and Law of the Radboud University Nijmegen (Netherlands). He studied European and International Public Law at Tilburg University, also in the Netherlands. Ralph became interested in refugee issues during his studies when he volunteered for the Dutch Refugee Council and later interned for the United Nations High Commission on Refugees (UNHCR), in Turkey. After completing his studies Ralph spent two years working as a policy officer for the Dutch Ministry of Justice, after which he joined the Dutch Committee on Migration Affairs as a senior advisor, which he combined with writing his PhD (published in 2019 as Zoeken naar zekerheid). Ralph was awarded his doctorate by Radboud University in October 2019. He currently works as an advisor on migration issue for the Netherlands Red Cross.

 

12 september 2017

A Pyrrhic victory? The ECJ upholds the EU law on relocation of asylum-seekers


Professor Steve Peers
How should the EU deal with the perceived ‘migrant/refugee crisis’? It has done a number of things, but back in September 2015, when the numbers of arrivals were peaking, it did something truly remarkable – requiring Member States to relocate 160,000 asylum-seekers from the ‘frontline’ states of Italy and Greece, which were bearing most of the burden of new arrivals.
In fact, this took the form of two separate decisions, as I discussed in detail at the time. The first decision was relatively uncontroversial, since it concerned only 40,000 people and Member States had agreed to admit them by consensus. But the second decision, concerning the other 120,000 people, was adopted against the objection of several Member States and set out mandatory quotas for admission. This led to legal action by Slovakia and Hungary to challenge this decision before the ECJ (see discussion of the Slovak challenge here).
This week, the ECJ ruled against this legal challenge, following soon after the opinion of its Advocate-General, who took the same view. As we shall see, this case brings into sharp relief the conflict between effectiveness and legitimacy in EU law – and indeed between effectiveness as a legal principle and practical effect on the ground...................................

MORE:  http://eulawanalysis.blogspot.nl/2017/09/a-pyrrhic-victory-ecj-upholds-eu-law-on.html?m=1





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Wellicht is mijn boekenblog ook interessant: Novel set in pre Taliban Afghanistan/i> More:  http://dutchysbookreviews.blogspot.nl/

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05 december 2014

"LGBTI asylum-seekers: the CJEU sends mixed messages" by Steve Peers

Steve is professor aan een Britse universiteit. Orgineel gepubliceerd op zijn blog EU Law Analysis  

 
 
Steve Peers
 
Many countries worldwide still impose severe criminal sanctions and other forms of ill treatment on people who are gay, lesbian, transgender or intersex (LGBTI). Fortunately, according to the CJEU, any non - EU citizen suffering persecution on grounds of sexual orientation can seek asylum in the EU, claiming that they are part of a 'particular social group' being persecuted, in accordance with the EU's qualification Directive.
 
The Court's prior case-law (the X, Y and Z judgment of 2013) further clarifies that they do not have to keep their sexuality hidden in their country of origin in order to claim refugee status. But the mere existence of criminal law prohibitions in the country of origin doesn't necessarily mean that LGBTI asylum-seekers are being persecuted: the crucial question is whether such laws are actually being enforced.
 
Before getting to the issue of persecution, though, how can the authorities check whether asylum-seekers are gay or lesbian in the first place? In today's judgment in A, B and C, the CJEU rules out the most obnoxious forms of procedures to determine sexual orientation, but still leaves some leeway for dubious behaviour by national authorities.
 
The judgment
 
Asked by a Dutch court to clarify what national authorities can do to establish the sexual orientation of asylum seekers, the CJEU begins by stating that a mere self declaration by the asylum seeker is not sufficient. This is only the starting point of the assessment.
 
Although EU legislation does not address the issue of the credibility of asylum seekers in much detail, the CJEU states that the process of determining credibility must be consistent with the EU Charter of Fundamental Rights. In principle, the same rules apply to all categories of asylum seekers, but they can be adapted to particular groups.
 
First of all, the CJEU states that questions 'based on stereotypical notions may be useful' to national authorities. But they cannot base their decisions purely on such notions, and the asylum seeker's inability to answer such questions cannot mean that he or she has no credibility.
 
Secondly, the CJEU rules against detailed questioning about asylum seekers' sex life, on the grounds that this would breach Article 7 of the Charter (the right to privacy). (On the questions which are asked in practice, see Colin Yeo's earlier post on the Free Movement blog).
 
Thirdly, the CJEU rules that LGBTI asylum-seekers should not perform sex acts, produce films of their sexual activities or undergo medical testing to prove their orientation. This would breach Article 1 of the Charter (the right to human dignity) as well as Article 7.
 
Finally, the CJEU rules that Member States cannot assume that LGBTI asylum-seekers lack credibility simply because they didn't raise the issue of their sexuality as soon as possible, in light of the sensitivity of the topic. However, the Court does not rule on some additional procedural issues considered in the Opinion of the Advocate-General.
 
Comments
 
The Court's judgment frees LGBTI asylum-seekers from many particularly obnoxious forms of testing and questioning. In particular, it frees them from phallometric testing. The Court didn't mention the details of this process, but suffice it to say that it involves examining men's physical reaction to viewing pornography. The judgment should have added that this process is also a breach of Article 4 of the Charter, as a form of degrading treatment.
 
As for producing films or engaging in sex acts, the Court was right to rule out implicitly the possible waiver of privacy rights on the grounds that other asylum-seekers would be pressured to do the same thing.
 
The ruling also usefully clarified that LGBTI asylum-seekers do not need to declare their sexual orientation as soon as possible. This takes account of the social reality for people who have just fled countries where their personal identity is taboo.
 
On the other hand, today's judgment is unhelpful to the extent that it refers to the possibility of 'useful stereotypes' when questioning LGBTI asylum-seekers. Although the Court only refers in this context to questions about the existence of NGOs supporting LGBTI individuals, many other stereotypes exist. The Court ruling might be interpreted to endorse assumptions that (for instance) gay men don't like sports, or that lesbians have short hair. Such stereotypes might be only mildly annoying on a day - to - day basis. But if they are used in order to reject an asylum claim, they could be fatal to the person concerned.
 
Admittedly, the Court rules out relying on the answers to such questions as the sole basis for denying asylum. Nor is it possible to decide that an asylum seeker who can't answer such questions has no credibility. But it is still possible that an asylum seeker will lose credibility if he or she gives the 'wrong' answer to these questions; and those answers can form part of the assessment of credibility.
More broadly, the Court's approach fails to take sufficient account of the wide diversity of the expression of human sexual identity, especially in countries where homosexuality is taboo.
 
While some questions relating to LGBTI asylum-seekers' credibility must be acceptable, given that the Court ruled out self - declaration as an automatic route to establish such credibility, the Court could surely have found a better form of words than 'useful stereotypes'. It could, for instance, have endorsed the relevant UNHCR guidelines discussed in the Advocate-General’s opinion.

Although there are many positive aspects of today's judgment, the CJEU's unjustified aversion to human rights soft law may cause problems for many LGBTI asylum-seekers in practice.

 Read more here: http://eulawanalysis.blogspot.co.uk/2014/12/lgbti-asylum-seekers-cjeu-sends-mixed.html


Interessant artikel? Deel het eens met uw netwerk en help mee met het verspreiden van de bekendheid van dit blog. Er staan wellicht nog meer artikelen op dit weblog die u zullen boeien. Kijk gerust eens rond. Zelf graag wat willen plaatsen? Mail dan webmaster@vreemdelingenrecht.com In verband met geldwolven die denken geld te kunnen claimen op krantenartikelen die op een blog als deze worden geplaatst maar na meestal een dag voor de krantenlezers aan leeswaardigheid hebben ingeboet terwijl wij vreemdelingenrecht specialisten ze soms wel nog jaren gebruiken om er een kopie van te maken voor een zaak ga ik over tot het plaatsen van alleen het eerste stukje. Ja ik weet het: de kans dat u doorklikt is geringer dan wanneer het hele artikel hier staat en een kopie van het orgineel maken handig kan zijn voor uw zaak. Wilt u zelf wat overnemen van dit weblog. Dat mag. Zet er alleen even een link bij naar het desbetreffende artikel zodat mensen niet alleen dat wat u knipt en plakt kunnen lezen maar dat ook kunnen doen in de context.

27 juni 2014

Unaccompanied minor asylum-seekers: a step in the right direction? (artikel over minderjarigen en Dublin)


The EU’s Dublin system on the allocation of responsibility for asylum-seekers, which sets out rules determining which single Member State has responsibility for considering an asylum-seeker’s application, has long been decried as unworkable and an infringement of human rights. These broader arguments will be addressed in a future post on this blog, but for the moment it’s a good time to have a look at yesterday’s proposal from the Commission to ameliorate the Dublin system’s effects a little.
The proposal only covers applications by unaccompanied minors, who make up a small proportion of the total number of asylum-seekers. Nevertheless, they constitute a particularly vulnerable group. Currently, the Dublin III Regulation states that the Member State responsible for an unaccompanied minor asylum-seeker is the Member State where a family member or sibling of the minor is legally present, if that is in the best interests of the child. A ‘family member’ is defined as a spouse, parent or guardian (if the minor is unmarried), or child of the asylum-seeker, if the family already existed in the country of origin. If the minor is married but his or her spouse is not in the EU, then the Member State where his or parents are legally present is responsible.
Continue reading the long and informative article here: http://eulawanalysis.blogspot.nl/2014/06/unaccompanied-minor-asylum-seekers-step.html


In verband met geldwolven die denken geld te kunnen claimen op krantenartikelen die op een blog als deze worden geplaatst maar na meestal een dag voor de krantenlezers aan leeswaardigheid hebben ingeboet terwijl wij vreemdelingenrecht specialisten ze soms wel nog jaren gebruiken om er een kopie van te maken voor een zaak ga ik over tot het plaatsen van alleen het eerste stukje. Ja ik weet het: de kans dat u doorklikt is geringer dan wanneer het hele artikel hier staat en een kopie van het orgineel maken handig kan zijn voor uw zaak. Wilt u zelf wat overnemen van dit weblog. Dat mag. Zet er alleen even een link bij naar het desbetreffende artikel zodat mensen niet alleen dat wat u knipt en plakt kunnen lezen maar dat ook kunnen doen in de context.

20 augustus 2012

Tough times for female asylum seekers in the UK


A close-up of a female asylum seeker in the UK

Refugees

Tough times for female asylum seekers in the UK

Chances of asylum being denied are twice as high for female refugees in the UK than for males, recent research shows. The findings suggest that officials often don't believe the women's stories of rape and torture.
Some refugees are forced to pick through others' waste on the street
Many asylum-seekers live in 'squatter-like' conditions while waiting for the decision on their claim
Close-up of a female asylum seeker's hands-many asylum-seekers refuse to have their pictures taken for fear of further persecution Many asylum-seekers refuse to have their pictures taken for fear of further persecution
According to recent research by the UK-based organization Women for Refugee Women, half of the women seeking asylum in the United Kingdom have experienced torture or rape, but are refused asylum. The research indicates that women may feel too ashamed and traumatized to speak about what has happened to them since their experiences include details of sexual violence. And when they do discuss the details, some authorities may not find their stories credible.
In 2011, some 19,000 people applied for asylum in the UK; 30 percent of that number were women. While 41 percent of asylum applications from women were refused, for men it was 26 percent. Figures from the UK's Home Office show a similar trend for the past five years.
Women for Refugee Women recently published a report revealing the specific challenges female asylum seekers face. "We found that nearly half the women claiming asylum here have experienced rape as part of the persecution they're fleeing from," said Natasha Walter, the organization's director.

"We found that a quarter of the women we spoke to have been detained in the UK, so they've been locked up in detention centers, which are effectively prisons," she said.
The vast majority of women who have been denied asylum feel depressed, scared, anxious, and more than half of them have admitted contemplating suicide, she added.
An asylum-seeker wearing a headscarf standing in front of her run-down community home in London
Offering relief during a painful process
Women Asylum Seekers Together (WAST) is one group in East London aiming to make the process of seeking asylum less traumatic. It's a self-help group run by female asylum-seekers and sustained through donations. Visitors to the center will hear women's chatter and laughter wafting up a stairwell that leads to the basement of the gray building of the non-profit organization. A wooden, tattered door swings open to a room filled with at least 40 women, sitting around tables with paper and pens in front of them, preparing for the tasks at hand.
The women, aged 20 to 50, come together to support each other in their legal struggle to get refugee status, to find food or to locate a place to sleep. They hear about WAST by word-of-mouth, and everyone who joins the group is expected to take responsibility in helping to organize it.
Once a week, they also organize lessons to improve their English skills, deciding themselves on their subject material since they know what could be most useful to them. The English teachers' reading materials are often composed of historical stories of war and revolution since many of the women can relate to them through their own experiences.
Julia, in her 30s, joined the group several years ago and now helps newcomers to the English class. She fled to the UK after enduring imprisonment and torture due to her political opposition in her home country of Zimbabwe. "I had no option - it's either you die or you come here," she reflected.

Still, in Zimbabwe, she owned an arts-and-crafts shop and lived with her three daughters in "a huge house," she said. She now lives "like a squatter" in a small, run-down community home provided by the British Home Office. Though her asylum claim was refused in 2004, she was saved from deportation since Zimbabwe was not considered a safe country to which refugees could return. Many of the women at WAST have a similar story.

Hard to prove or hard to tell
Julia is currently waiting for her second asylum claim to be processed. Until then, she - like most asylum-seekers - must live without the right to work, depending on charities for food, clothing and money. Julia says that most of all she misses her family and having a job.
It's taking years for her case to be decided, but statistically, she has a greater chance of being granted asylum than other women who flee from sexual violence or gender-related persecution, like female genital mutilation, as it is more difficult to prove sexual persecution than political persecution.
The UK, for its part, signed the United Nation's Refugee Convention 60 years ago in the aftermath of the Second World War. The Convention states that anyone who flees from persecution and is not protected by their own state should be given asylum.
Though women and men both face hardship when fleeing their country, women often face specific challenges. According to research by Women for Refugee Women, 69 percent of female asylum seekers apply for reasons of sexual and gender-related violence. This includes forced marriage, female genital mutilation or rape. It is, however, difficult to provide evidence of this kind of persecution at an interview with UK border officials, who decide whether a refugee's story fits within the Refugee Convention.

An asylum-seeker on her way to a dinner in a soup kitchen An asylum-seeker on her way to a dinner in a soup kitchen
Debora Singer, an advisor at the organization Asylum Aid, which provides legal assistance to asylum seekers, said officials have a hard time believing the women's stories.
"The culture of disbelief is a huge problem within the asylum system generally, but it's a particular problem for women," Singer pointed out.
"We looked at a number of women's claims and found that, in the majority of cases, the women were refused asylum and it was always because they weren't believed."
Of those cases that then went on to appeal, over half of them were overturned because the judges believed the asylum seekers or had more resources to check the evidence, for example through medical examination of the women, she said.

The British Home Office declined to give an interview for this report, but said in a written statement to DW:  "We recognize that women may face particular forms of persecution. We treat all asylum applicants with sensitivity and work with external partners to continually improve the process."
Serien titel: Asylsuchende Frauen in  Grossbritannien /"Women Asylum Seekers in the UK"

Title Asylsuchende Frau durchsucht Abfall/  Woman asylum seeker looking for useful items among thrown away objects. 

Description of foto: A woman asylum seeker bends over plastic bags in the street. There are other pieces of rubbish and objects aorund her.

Description of the pic /occasion , situation when pic was taken, whom or what does the pic show? 
A destitute female asylum-seeker picking through other people's waste on the streets of London Turning over a new leaf
The International Refugee Convention was amended in 2002 to widen the definition of persecution and include that specific to women as a reason for asylum. Since then, the UK Home Office has introduced measures to assist women in making their asylum claim, like facilitating female interviewers and interpreters.
But, the process is still fundamentally flawed, said Asylum Aid's Singer. "Women lose their claim for asylum because they are often too traumatized to tell their story," she noted.

Both men and women who fear for their lives can experience trauma, but the private nature of violence faced by women presents a particular hurdle. Shame also plays a role.
"Some people just find it impossible to talk and then if they do talk, it is often quiet jumbled or confused and that's because they feel so much pressure that they are not able to think straight; they're not able to think of dates or what happened exactly when," said Jacky Roberts, a psychotherapist who works with many victims of violence, including asylum seekers.
"In the nature of trauma, everything gets quiet confused. I think that's partly why people get refused, especially women because they're not able to think clearly and calmly on the spot about what happened to them," Roberts said.
As Julia waits for her results from her second application for asylum, robbed of any rights and struggling to make ends meet, and still reeling from abuse she suffered while in prison, she said she does not regret coming to the UK. "I had no choice," she said. "I miss my children, but I had to leave or they would have had a dead mother."


Bron: http://www.dw.de/dw/article/0,,16179079,00.html


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05 november 2010

Reproductive health care for asylum-seeking women - a challenge for health professionals

Dealing with pregnancy, childbirth and the care of newborn babies is a challenge for female asylum seekers and their health care providers. The aim of our study was to identify reproductive health issues in a population of women seeking asylum in Switzerland, and to examine the care they received. The women were insured through a special Health Maintenance Organisation (HMO) and were attending the Women’s Clinic of the University Hospital in Basel. We also investigated how the health professionals involved perceived the experience of providing health care for these patients.

Methods

A mixed methods approach combined the analysis of quantitative descriptive data and qualitative data obtained from semi-structured interviews with health care providers and from patients’ files. We analysed the records of 80 asylum-seeking patients attending the Women’s Clinic insured through an HMO. We conducted semi-structured interviews with 10 care providers from different professional groups. Quantitative data were analysed descriptively. Qualitative data analysis was guided by Grounded Theory.

Whole report http://www.reliefweb.int/rw/lib.nsf/db900sid/EGUA-8AVM5V/$file/bmc-reproductive-health-care-nov2010.pdf?openelement

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