View source for Asylum seeker

{{Short description|Person who leaves their country of origin for another country and applies for right of asylum}}
{{Other uses|Asylum seeker (disambiguation)}}
{{Use dmy dates|date=November 2022}}
{{Use British English|date=November 2022}}
{{Infobox ethnic group
| group            = Asylum Seekers by Country of Origin
| total       = 6,858,499<ref>{{Cite web |title=Refugee Data Finder |url=https://www.unhcr.org/refugee-statistics/insights/annexes/trends-annexes.html?situation=2 |website=UNHCR}}</ref>
| total_year       = 2023 
| region1          = [[Venezuela]]
| pop1             = 1,200,130
| region2          = [[Cuba]]
| pop2             = 329,692
| region3          = [[Nicaragua]]
| pop3             = 308,032
| region4          = [[Colombia]]
| pop4             = 301,824
| region5          = [[Afghanistan]]
| pop5             = 296,033
| region6          = [[Sudan]]
| pop6             = 253,902
| region7          = [[Haiti]]
| pop7             = 228,443
| region8          = [[Honduras]]
| pop8             = 216,873
| region9          = [[Iraq]]
| pop9             = 192,202
| region10         = [[Syria]]
| pop10            = 182,954
| region11         = [[Somalia]]
| pop11            = 179,224
| region12         = [[Guatemala]]
| pop12            = 176,035
| region13         = [[Mexico]]
| pop13            = 156,309
| region14         = [[Democratic Republic of the Congo]]
| pop14            = 153,142
| region15         = [[India]]
| pop15            = 142,607
| region16         = [[Ethiopia]]
| pop16            = 139,424
| region17         = [[China]]
| pop17            = 137,143
| region18         = [[El Salvador]]
| pop18            = 133,042
| region19         = [[Russia]]
| pop19            = 114,669
| region20         = [[Eritrea]]
| pop20            = 104,892	
| region21         = Unknown
| pop21            = 95,550
}}
{{Infobox ethnic group
| group            = Asylum Seekers by Country of Asylum
| total       = 6,858,499<ref>{{Cite web |title=Refugee Data Finder |url=https://www.unhcr.org/refugee-statistics/insights/annexes/trends-annexes.html |website=UNHCR}}</ref>
| total_year       = 2023 
| region1          = [[USA]]
| pop1             = 2,601,467
| region2          = [[Peru]]
| pop2             = 508,429
| region3          = [[Germany]]
| pop3             = 361,493
| region4          = [[Mexico]]
| pop4             = 257,396
| region5          = [[Egypt]]
| pop5             = 232,244
| region6          = [[Turkey]]
| pop6             = 222,069
| region7          = [[Spain]]
| pop7             = 204,270
| region8          = [[Canada]]
| pop8             = 197,961
| region9          = [[Costa Rica]]
| pop9             = 193,718
| region10         = [[Kenya]]
| pop10            = 152,942
}}
{{Immigration sidebar}}
An '''asylum seeker''' is a person who leaves their country of residence, enters another country, and makes in that other country a formal application for the [[right of asylum]] according to the [[Universal Declaration of Human Rights]] Article 14.<ref name="Human Rights">[https://www.un.org/en/about-us/universal-declaration-of-human-rights Universal Declaration of Human Rights, Article 14]</ref> A person keeps the status of asylum seeker until the right of asylum application has concluded.

The relevant immigration authorities of the country of asylum determine whether the asylum seeker will be granted the right of asylum protection or whether asylum will be refused and the asylum seeker becomes an [[illegal immigrant]] who may be asked to leave the country and may even be [[deportation|deported]] in line with [[non-refoulement]]. Signatories to the Universal Declaration of Human Rights<ref name="Human Rights"/> create their own policies for assessing the protection status of asylum seekers, and the proportion of asylum applicants who are accepted or rejected varies each year from country to country.

The asylum seeker may be simultaneously recognized as a [[refugee]]<ref name="Horning, A. 2020 390–415">{{cite journal|author= Horning, A. |url=https://www.researchgate.net/publication/342153928|title=Double-edged risk: unaccompanied minor refugees (UMRs) in Sweden and their search for safety.|journal=Journal of Refugee Studies|date=2020|volume=33 |issue=2 |pages=390–415 |access-date=2020-09-27|doi=10.1093/jrs/feaa034}}</ref> and given [[Refugee#Refugee status|refugee status]] if their circumstances fall into the definition of refugee according to the [[Convention relating to the Status of Refugees]]<ref name="Horning, A. 2020 390–415"/> or regionally applicable [[refugee law]]s—such as the [[European Convention on Human Rights]], if within the [[European Union]].

The terms ''asylum seeker'', ''refugee'' and ''illegal immigrant'' are often confused. In North American English, the term '''asylee''' is used both for an asylum seeker, as defined above, and a person whose right of asylum has been granted.<ref>{{cite web| url = https://www.merriam-webster.com/dictionary/asylee| title = Asylee Definition & Meaning - Merriam-Webster}}</ref>

==Asylum and protection==
{{Further|Right of asylum}}
The right of asylum according to the Article 14 of [[Universal Declaration of Human Rights]]:
{{Blockquote
|text=1. Everyone has the right to seek and to enjoy in other countries asylum from persecution.
2. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
|multiline=yes
|source=[https://www.un.org/en/about-us/universal-declaration-of-human-rights Universal Declaration of Human Rights, Article 14]
}}
Asylum seekers who have committed crimes against peace, a [[war crime]] or a [[crimes against humanity|crime against humanity]], or other non-political crimes, or whose actions are contrary to the purposes and principles of the United Nations, are excluded from international protection.<ref>Handbook on European law relating to asylum, borders and immigration, 2014, page 83</ref> This asylum right is also included in 1951 [[Convention Relating to the Status of Refugees]]<ref name="Convention1951">[https://www.unhcr.org/media/convention-and-protocol-relating-status-refugees Convention Relating to the Status of Refugees, UN, 1951]</ref> and 1967 [[Protocol Relating to the Status of Refugees]].<ref name="Convention1967"/> As of 1 July 2013, there were 145 parties to the [[Convention Relating to the Status of Refugees|1951 Refugee Convention]] and 146 to the [[1967 Protocol]]. These states are bound by an obligation under [[international law]] to grant asylum to people who fall within the definition of Convention and Protocol.<ref>María-Teresa Gil-Bazo, 2006: Refugee status, subsidiary protection, and the right to be granted asylum under EC law; Research Paper No. 136, page 7</ref>  Persons who do not fall within this definition may still be granted refugee according to the refugee definitions of 1951 [[Convention Relating to the Status of Refugees]]<ref name="Convention1951">[https://www.unhcr.org/media/convention-and-protocol-relating-status-refugees Convention Relating to the Status of Refugees, UN, 1951]</ref> and the 1967 [[Protocol Relating to the Status of Refugees]]<ref name="Convention1967">{{cite web|url=http://www.unhcr.org/3b66c2aa10.html|title=Convention and Protocol Relating to the Status of Refugees, 1967}}</ref> and persons who fall within this definition are called Convention refugees and their status is called Convention refugee status. Complementary forms of protection exist depending on country if the person falls within other refugee definitions.

The practical determination of whether a person obtains the [[right of asylum]] or not is most often left to certain [[Government agency|government agencies]] within the host country. In some countries the [https://www.unhcr.org/refugee-status-determination.html refugee status determination (RSD)] is done by the [[United Nations High Commissioner for Refugees|UNHCR]]. The burden of substantiating an asylum claim lies with the claimant, who must establish that they qualify for protection.<ref>{{cite web|url=https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/397778/ASSESSING_CREDIBILITY_AND_REFUGEE_STATUS_V9_0.pdf |title=Asylum Policy Instruction: Assessing credibility and refugee status |access-date=August 31, 2015 |url-status=dead |archive-url=https://web.archive.org/web/20160312090850/https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/397778/ASSESSING_CREDIBILITY_AND_REFUGEE_STATUS_V9_0.pdf |archive-date=March 12, 2016 }}</ref><ref>{{cite web|url=http://www.irb-cisr.gc.ca/Eng/BoaCom/references/LegJur/Pages/Credib.aspx |title=Assessment of Credibility in Claims for Refugee Protection - Immigration and Refugee Board of Canada |publisher=Irb-cisr.gc.ca |access-date=2016-07-16}}</ref>

In many countries, country-of-origin information is used by migration officials as part of the assessment of asylum claims, and governments commission research into the accuracy of their country reports. Some countries have studied the rejection rates of their migration officials making decisions, finding that individuals reject more applicants than others assessing similar cases—and migration officials are required to standardise the reasons for accepting or rejecting claims, so that the decision of one adjudicator is consistent with what their colleagues decide.<ref>{{cite web |url=http://www.alrc.gov.au/publications/22-refugee-law/improving-consistency-decision-making |title=Improving consistency in decision-making |publisher=ALRC |date=2011-12-19 |access-date=2015-12-18 |archive-date=22 December 2015 |archive-url=https://web.archive.org/web/20151222110554/http://www.alrc.gov.au/publications/22-refugee-law/improving-consistency-decision-making |url-status=dead }}</ref>

===Subsidiary protection status===
[[Subsidiary protection]] is an international protection for persons seeking asylum who do not qualify as refugees. It is an option to get asylum for those who do not have a well-founded fear of persecution (which is required for refugee status according to the 1951 Convention), but do indeed have a substantial risk to be subjected to torture or to a serious harm if they are returned to their country of origin, for reasons that include war, violence, conflict and massive violations of human rights.<ref>María-Teresa Gil-Bazo, 2006: Refugee status, subsidiary protection,
and the right to be granted asylum under EC law; Research Paper No. 136, page 10</ref> The [[Universal Declaration of Human Rights]] and European Union law have a broader definition of who is entitled to asylum.

===Temporary protection visa===
[[Temporary protection visa]]s are used to persons in Australia who applied for refugee status after making an unauthorised arrival. It is the main type of visa issued to refugees when released from Australian immigration detention facilities and they are required to reapply for it every three years.

==Statistics of asylum decisions==
In the past 20 years the number people applying for asylum every year varied between 0.6 and 2.8 million.<ref name="statistics"/>
Outcomes of asylum applications 2000-2023 according to [[UNHCR]]:<ref name="statistics">[https://www.unhcr.org/refugee-statistics/download/?url=Q0FsSx Refugee Data Finder, Dataset Asylum decisions, Population types Asylum-seeker, UNHCR]</ref>
{{Sticky header}}
{| class="wikitable sortable sticky-header"
! Year !! Total !! Asylum Granted !! Other Protection !! Rejected !! Otherwise closed 
|-
|	2023	||	2,498,303 || 612,908 || 210,910 || 581,725 || 1,092,760
|-
|	2022	||	2,057,838 || 535,551 || 181,210 || 584,481 || 756,596
|-
|	2021	||	1,422,047 || 381,074 || 114,406 || 528,552 || 398,015
|-
|	2020	||	1,381,088 || 350,791 || 108,794 || 542,999 || 379,044
|-
|	2019	||	1,730,880 || 446,842 || 123,555 || 664,540 || 494,663
|-
|	2018	||	1,647,261 || 351,123 || 148,849 || 633,046 || 514,242
|-
|	2017	||	2,006,176 || 483,885 || 248,316 || 753,286 || 520,689
|-
|	2016	||	2,844,805 || 564,859 || 335,016 || 604,795 || 1,340,135
|-
|	2015	||	1,647,628 || 443,658 || 237,475 || 500,805 || 465,690
|-
|	2014	||	1,393,642 || 277,959 || 336,783	|| 429,690	|| 349,210
|-
|	2013	||	880,516 || 	213,642	|| 72,597 || 375,408 || 218,869
|-
|	2012	||	913,275 || 210,828 || 50,902 || 436,913 || 204,849
|-
|	2011	||	768,675 || 172,467 || 43,714 || 359,759 || 192,043
|-
|	2010	||	730,596 || 174,983 || 47,676 || 355,271 || 152,667
|-
|	2009	||	762,119 || 229,008 || 50,615 || 321,589 || 161,411
|-
|	2008	||	706,269 || 156,297 || 63,889 || 325,688 || 154,869
|-
|	2007	||	644,001 || 149,460 || 60,051 || 260,306 || 174,206
|-
|	2006	||	692,537 || 141,358 || 50,711 || 306,655 || 193,757
|-
|	2005	||	829,228 || 153,057 || 51,197 || 361,864 || 263,110
|-
|	2004	|| 891,175 || 128,182 || 51,212 || 445,057 || 266,665
|-
|	2003	|| 1,002,084 || 146,358 || 49,099 || 522,096 || 285,406
|-
|	2002	|| 1,010,251 || 161,926 || 62,105 || 524,552 || 261,728
|-
|	2001	|| 946,486 || 169,283 || 79,652 || 452,180 || 245,155
|-
|	2000	||	1,090,296 || 203,350 || 93,392 || 543,111 || 249,475
|}

The [[Human sex ratio|percentage of women]] among asylum seekers to Europe from 2008 to 2018 was 31%, which could be explained by factors including [[gender inequality]] in origin country and economic [[incentive]]s.<ref name="b245">{{cite journal | last=Schiele | first=Maximilian | title=The Role of Gender in Asylum Migration to Europe: Analyzing Country-Level Factors of Gendered Selection of Asylum Seekers to Europe | journal=Journal of Immigrant & Refugee Studies | date=12 January 2024 | issn=1556-2948 | doi=10.1080/15562948.2023.2298515 | doi-access=free | pages=1–16 | url=https://www.tandfonline.com/doi/pdf/10.1080/15562948.2023.2298515?needAccess=true | access-date=19 January 2025| url-access=subscription }}</ref>

==Status determination processes==
{{Further|Refugee#Refugee status determination|Refugee law#Refugee status determination}}

===Group determination===
Asylum seekers may be given refugee status on a group basis. Refugees who went through the group status determination are also referred to as [[prima facie]] refugees. This is done in situations when the reasons for seeking refugee status are generally well known and individual assessment would otherwise overwhelm the capacities of assessors. Group determination is more readily done in states that not only have accepted the refugee definition of the 1951 Convention, but also use a refugee definition that includes people fleeing indiscriminate or generalized violence, which are not covered in the 1951 Convention.<ref name="UN11">{{cite web |url=http://www.unhcr.org/46f7c0ee2.pdf |archive-url=https://web.archive.org/web/20141003162636/http://www.unhcr.org/46f7c0ee2.pdf |url-status=dead |title=UNHCR Resettlement Handbook, United Nations High Commissioner for Refugees, 2011, page 19 |archive-date=2014-10-03}}</ref>

===Individual assessment===
For persons who do not come into the country as part of a bigger group, individual asylum interviews are conducted to establish whether the person has sufficient reasons for seeking asylum. Meanwhile, high numbers of asylum seekers necessitate governments to provide [[machine learning]] systems to assist both asylum seekers and immigration officers in performing fair and just assessments.<ref>{{cite journal |last1=McNamara |first1=Robert G|last2=Tikka |first2=Pia |title=Well-Founded Fear of Algorithms or Algorithms of Well-Founded Fear? Hybrid Intelligence in Automated Asylum Seeker Interviews |journal=Journal of Refugee Studies |date=2023 |volume=36 |issue=2 |pages=238–270 |doi=10.1093/jrs/feac067 |url=https://academic.oup.com/jrs/advance-article-abstract/doi/10.1093/jrs/feac067/6987892|url-access=subscription }}</ref>

===Appeals===
In many countries, asylum applicants can challenge a rejection by challenging the decision in a court or migration review panel. In the United Kingdom, more than one in four decisions to refuse an asylum seeker protection are overturned by immigration judges.<ref>Shaw, Jan [http://www.huffingtonpost.co.uk/jan-shaw/asylum-appeals_b_3107750.html "Will the UK Continue to Have One in Four Refused Asylum Cases Overturned on Appeal?"], ''[[The Huffington Post]]'', 18 April 2013. Retrieved 20 March 2014.</ref>

==Rights of asylum seekers==
{{Further|Right of asylum}}
Whilst waiting for a decision asylum seekers have limited rights in the country of asylum. In most countries they are not allowed to work and in some countries not even to volunteer. In some countries they are not allowed to [[Freedom of movement|move freely]] within the country.{{Citation needed|date=May 2021}} Even access to health care is limited. In the European Union, those who have yet to be granted official status as [[refugee]]s and are still within the asylum process have some restricted rights to healthcare access.<ref name="tone2">{{cite journal |last1=Schneider |first1=C. |last2=Joos |first2=S. |last3=Bozorgmehr |first3=K. |year=2015 |title=Disparities in health and access to healthcare between asylum seekers and residents in Germany: a population-based cross-sectional feasibility study |journal=BMJ Open |volume=5 |issue=11|pages=e008784 |doi=10.1136/bmjopen-2015-008784 |pmid=26537498 |pmc=4636623}}</ref> This includes access to medical and psychological care.<ref name="tone2" /> However, these may vary depending on the host country.  For instance, under the Asylum Seekers Benefits Act (''Asylbewerberleistungsgesetz'') in Germany, asylum seekers are outside [[primary care]] and are limited to [[Emergency|emergency health care]], vaccinations, pregnancy and childbirth with limitations on specialty care.<ref name="tone2" />  Asylum seekers have greater chance of experiencing unmet health needs as compared to the general German population. Asylum seekers also have greater odds of hospital admissions and at least one visit to a [[Psychotherapy|psychotherapist]] relative to the German general population.{{Citation needed|date=May 2021}}

== Concerns in asylum-seeking processes ==

Research suggests cross-sector collaboration is key to assist refugees and asylum seekers resettle and integrate into receiving communities, workplaces and schools.<ref>{{Cite journal|last1=Lee|first1=Eun Su|last2=Szkudlarek|first2=Betina|last3=Nguyen|first3=Duc Cuong|last4=Nardon|first4=Luciara|date=April 2020|title=Unveiling the Canvas Ceiling : A Multidisciplinary Literature Review of Refugee Employment and Workforce Integration|url=https://onlinelibrary.wiley.com/doi/10.1111/ijmr.12222|journal=International Journal of Management Reviews|language=en|volume=22|issue=2|pages=193–216|doi=10.1111/ijmr.12222|s2cid=216204168|issn=1460-8545|url-access=subscription}}</ref><ref>{{Citation|last1=Lee|first1=Eun Su|title=Integrating Refugees Into the Workplace – A Collaborative Approach|date=2021-08-16|url=https://www.emerald.com/insight/content/doi/10.1108/978-1-83982-826-320211011/full/html|work=Intercultural Management in Practice|pages=121–129|editor-last=Chavan|editor-first=Meena|publisher=Emerald Publishing Limited|doi=10.1108/978-1-83982-826-320211011|isbn=978-1-83982-827-0|access-date=2021-09-27|last2=Roy|first2=Priya A.|last3=Szkudlarek|first3=Betina|s2cid=238706123|editor2-last=Taksa|editor2-first=Lucy|url-access=subscription}}</ref><ref>{{Cite journal|last1=Szkudlarek|first1=Betina|last2=Nardon|first2=Luciara|last3=Osland|first3=Joyce S.|last4=Adler|first4=Nancy J.|last5=Lee|first5=Eun Su|date=August 2021|title=When Context Matters: What Happens to International Theory When Researchers Study Refugees|url=http://journals.aom.org/doi/10.5465/amp.2018.0150|journal=Academy of Management Perspectives|language=en|volume=35|issue=3|pages=461–484|doi=10.5465/amp.2018.0150|issn=1558-9080|url-access=subscription}}</ref><ref>{{Cite journal|last1=Lee|first1=Eun Su|last2=Szkudlarek|first2=Betina|date=2021-04-14|title=Refugee employment support: The HRM–CSR nexus and stakeholder co-dependency|url=https://onlinelibrary.wiley.com/doi/10.1111/1748-8583.12352|journal=Human Resource Management Journal|volume=31|issue=4|language=en|pages=1748–8583.12352|doi=10.1111/1748-8583.12352|s2cid=234855263|issn=0954-5395|url-access=subscription}}</ref>

Non-governmental organizations concerned with refugees and asylum seekers have pointed out difficulties for [[displaced person]]s to seek asylum in industrialized countries. As the [[immigration policy]] in many countries often focuses on the fight of [[illegal immigration]] and the strengthening of border controls, it deters displaced persons from entering territory in which they could lodge an asylum claim. The lack of opportunities to legally access the asylum procedures can force displaced persons to undertake often expensive and hazardous attempts at [[illegal entry]].

In recent years, the public as well as policy makers of many countries are focusing more and more on refugees arriving through [[third country resettlement]] and pay less and less attention to asylum seekers and those who have already been granted refugee status but did not come through resettlement. Asylum seekers have even been referred to as 'queue jumpers', because they did not wait for their chance to be resettled.<ref>Resettlement: where’s the evidence, what’s
the strategy?, Alexander Betts, Forced Migration Review 54, January 2017, page 73</ref>

Legal interpreters are assigned to assist asylum seekers throughout interviews and court proceedings. These legal interpreters reflect the training they received in the training program they were certified in. The accuracy of the legal interpretation may vary depending on the training received from the interpreter and potential biases they carry coming into the interpreting session. Lack of training in asylum settings may influence interpretation sessions.<ref>{{Cite journal |last=Keselman |display-authors=etal |first=Olga |date=2008 |title=Mediated communication with minors in asylum-seeking hearings. |url=https://doi.org/10.1093/jrs/fem051 |journal=Journal of Refugee Studies |volume=21 |pages=103–116|doi=10.1093/jrs/fem051 |url-access=subscription }}</ref>

[[Quality of life (healthcare)|Quality of life]] of asylum seekers and refugees is highly correlated with the mental health status. The presence of mental disorders like [[Depression (mood)|depression]] or [[PTSD]] is mainly due to the forced migration and the resettlement in host countries.<ref name="PMC_7473035">{{cite journal|first1=Catharina F. |last1=van der Boor |first2=Rebekah |last2=Amos |first3=Sarah |last3= Nevitt |first4=Christopher |last4=Dowrick |first5=Ross G. |last5=White |title=Systematic review of factors associated with quality of life of asylum seekers and refugees in high-income countries |journal=Conflict and Health |year=2020 |volume=14 |issue=14 |page=48 |pmc=7473035 |doi=10.1080/20008198.2020.1771008 |pmid=32699551 |oclc=8653932484 |issn=1752-1505 }}</ref>

=== Challenges in Relaying Trauma and Experiences ===
Asylum seekers encounter significant challenges in effectively conveying their [[traumatic experiences]] during the asylum application process. A comprehensive study by Sarah C. Bishop, examining nonverbal communication in US asylum interviews and hearings, highlights several critical elements influencing asylum seekers' ability to articulate their [[narrative]]s.<ref name=":1">{{Cite journal |last=Bishop |first=Sarah C. |date=2022-04-03 |title="What does a torture survivor look like?" Nonverbal communication in US asylum interviews and hearings |url=https://www.tandfonline.com/doi/full/10.1080/17513057.2021.1881146 |journal=Journal of International and Intercultural Communication |language=en |volume=15 |issue=2 |pages=185–203 |doi=10.1080/17513057.2021.1881146 |issn=1751-3057|url-access=subscription }}</ref>

The study underscores the complexity of asylum seekers' narratives, often shaped by [[emotional distress]] and the need to recount traumatic events within strict timelines. This pressure contributes to fragmented storytelling. This case leads to difficulties in presenting a coherent account of their experiences.<ref name=":1" />

Language barriers further compound these challenges. Asylum seekers' linguistic disparities and stress during interviews impede their ability to articulate experiences accurately. [[Stress and memory|Stress-induced memory]] lapses contribute to incomplete or non-sequential storytelling, affecting the quality and coherence of their narratives.<ref name=":1" />

Additionally, the study delves into nonverbal communication complexities, particularly regarding eye contact and credibility within asylum hearings. Cultural variations in eye contact influence credibility assessments, potentially leading to misinterpretations by immigration personnel. Differing cultural expectations impact asylum seekers' credibility assessments, potentially affecting the outcomes of their claims.<ref name=":1" />

===Destitution===
Because asylum seekers often have to wait for months or years for the results of their asylum applications and because they are usually not allowed to work and only receive minimal or no financial support, destitution is a considerable risk.{{Citation needed|date=May 2021}}

Asylum seekers usually get some kind of support from governments whilst their application is processed. However, in some countries this support ends immediately once they are given refugee status. But the fact that they were given refugee status does not mean that they were already given all the documents they need for starting their new lives.<ref>{{cite web|url=http://www.refugeecouncil.org.uk/latest/news/4076_new_refugees_face_homelessness_and_destitution |title=New refugees face homelessness and destitution |website=Refugeecouncil.org.uk |date=2014-05-07 |access-date=2016-07-16}}</ref>
Long waiting times significantly reduce the likelihood to obtain a job and the social integration of refugees.<ref name="PMC_7473035" />

===Vacation===
Asylum seekers vacationing in home country has been argued as a reason for refusal of asylum.<ref name="v157">{{cite web | last=Salameh | first=Khaled | title=Do refugees travel to their home countries on vacation? – DW – 09/11/2017 | website=dw.com | date=11 September 2017 | url=https://www.dw.com/en/do-refugees-travel-to-their-home-countries-on-vacation/a-40443562 | access-date=15 August 2024}}</ref>

=== Identity ===
Absence of identity documents or disputes of identity can make the demonstration of persecution for the right of asylum more complex.<ref name="v426">{{cite journal | last=Griffiths | first=Melanie | title=Anonymous Aliens? Questions of Identification in the Detention and Deportation of Failed Asylum Seekers | journal=Population, Space and Place | volume=18 | issue=6 | date=21 June 2012 | issn=1544-8444 | doi=10.1002/psp.1723 | pages=715–727}}</ref>

==Refusal of asylum==
{{Further|Deportation|Repatriation|Removal proceedings}}
It often happens that the country neither recognizes the [[Refugee#Refugee status|refugee status]] of the asylum seekers nor sees them as legitimate migrants and thus treats them as [[Alien (law)|illegal aliens]]. If an asylum claim has been rejected, the asylum seeker is said to be refused asylum and called a failed asylum seeker. Some failed asylum seekers [[voluntary return|return home voluntarily]]. Depending on the country, failed asylum seekers are allowed to remain temporarily or are forcibly returned<ref>Zetter, Roger, et al. "An assessment of the impact of asylum policies in Europe, 1990-2000." Home Office Online Report 17.03 (2003).</ref> in line with [[non-refoulement]].<ref>[https://heinonline.org/HOL/P?h=hein.journals/wisint32&i=371 Vang, Jerry. "Limitations of the Customary International Principle of Non-Refoulement on Non-Party States: Thailand Repatriates the Remaining Hmong-Lao Regardless of International Norms." Wis. Int'l LJ 32 (2014): 355.]</ref> The latter are most often placed in [[immigration detention]] before being deported.

== Asylum and refugee law by jurisdiction ==
{| class="wikitable"
!Jurisdiction
!Article
!Past and present legislation/treaties
!Related organizations and programs
!Related events and people
|-
|{{Flag|African Union}}
|
|
* [[Convention Governing the Specific Aspects of Refugee Problems in Africa]]
* [[Kampala Convention]]
|Africa Refugee Day
|
|-
|{{Flag|Australia}}
|[[Asylum in Australia]]
|
|[[Asylum Seeker Resource Centre]]
|
|-
|{{Flag|Albania}}
|
|
|
|[[Uyghur detainees at Guantanamo Bay#Asylum in Albania|Uyghur asylum in Albania]]
|-
|{{Flag|Azerbaijan}}
|[[Refugees in Azerbaijan]]
|
|
|
|-
|{{Flag|Brazil}}
|
|
|
* National Committee for Refugees ({{Interlanguage link|Comitê Nacional para os Refugiados|lt=''Comitê Nacional para os Refugiados''|pt|Comitê Nacional para os Refugiados|WD=}}, CONARE)
|
|-
|{{Flag|Canada}}
|[[Asylum in Canada]]
|
* ''[[Immigration and Refugee Protection Act]]''
* [[Canada–United States Safe Third Country Agreement]]
|
* [[Immigration, Refugees and Citizenship Canada]]
* [[Immigration and Refugee Board of Canada]]
|[[Canada–China relations#Hong Kong asylum seekers|Hong Kong asylum seekers in Canada]]
|-
|{{Flag|China}}
<small>(incl. {{Flag|Hong Kong}})</small>
|[[Refugees in Hong Kong]]
|
|[[Justice Centre Hong Kong]]
|[[Zouxian (phenomenon)|Zouxian]]
|-
|{{Flag|Cuba}}
|
|
|
|[[American fugitives in Cuba]]
|-
|{{Flag|Denmark}}
|
|
|
* [[Center Sandholm]]
* [[Danish Refugee Council]]
|
|-
|{{Flag|European Union|name=Europe}}
|[[Asylum in the European Union]]
|
* [[Dublin Regulation]]
* [[European Social Charter]]
* [[List of international and European laws on child protection and migration#Reception Conditions Directive|''Reception Conditions Directive'', 2003]]
* [[List of international and European laws on child protection and migration#Policy Plan on Asylum|Policy Plan on Asylum, 2008]]
* [[List of international and European laws on child protection and migration#European Pact on Immigration and Asylum|European Pact on Immigration and Asylum, 2008]]
* [[List of international and European laws on child protection and migration#Asylum Procedures Directive|''Asylum Procedures Directive'', 2013]]
|
* [[European Asylum Support Office]]
* [[European Asylum Curriculum]]
*[[Asylum, Migration and Integration Fund]]
* [[Eurodac]]
*[[European Council on Refugees and Exiles]]
**European Database on Asylum Law<ref>{{Cite web|url=http://www.asylumlawdatabase.eu/en|title = EDAL &#124; European Database of Asylum Law}}</ref>
|[[European refugee crisis]]
|-
|{{Flag|Finland}}
|
|
|[[Finnish Refugee Council]]
|[[Immigration to Finland]]
|-
|{{Flag|France}}
|[[Asylum in France]]
|
* [[Code of Entry and Residence of Foreigners and of the Right to Asylum]]<ref>"[http://www.legifrance.gouv.fr/affichCode.do?cidTexte=LEGITEXT000006070158 Code de l'entrée et du séjour des étrangers et du droit d'asile] [in French]. [[Légifrance]]. Updated 27 November 2020. Retrieved 4 December 2020.</ref>
* Law on immigration and integration, 2006
* Law on the control of immigration, integration and asylum, 2007
|
* ''[[France terre d'asile]]''
* ''[[Right of asylum#France|Office français de protection des réfugiés et apatrides]]'' (OFPRA; Office for the Protection of Refugees and Stateless Persons)
|
|-
|{{Flag|Germany}}
|[[Asylum in Germany]]
|
|
* [[Albert Einstein German Academic Refugee Initiative Fund]] (offered by [[United Nations High Commissioner for Refugees|UNHCR]])
* [[Pro Asyl]]
|
|-
|{{Flag|Greece}}
|
|
|
* [[METAdrasi]]
* [[Hellenic Rescue Team]]
|[[July 2016 Turkish military asylum incident in Greece|2016 Turkish military asylum incident in Greece]]
|-
|{{Flag|India}}
|[[Refugees in India]]
|
|
* [[Migration and Asylum Project]]
* [[UNHCR Representation in India]]
|
|-
|{{Flag|Ireland}}
|
|
|
* [[Doras (NGO)|Doras]]
* [[Irish Refugee Council]]
* [[Movement of Asylum Seekers in Ireland]]
* [[Nasc (NGO)|Nasc]]
* [[Sanctuary Runners]]
|
* [[Bulelani Mfaco]]
* [[Lucky Khambule]]
|-
|{{Flag|Israel}}
|[[Israeli policy for non-Jewish African refugees]]
|
|
|
* [[Usumain Baraka]]
* [[Eduard Stavytsky]]
* [[Payam Feili]]
|-
|{{no flag}} [[Latin America]]
|
|[[Cartagena Declaration on Refugees]]<ref group="lower-roman">Adopted by Belize, Colombia, Costa Rica, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, and Venezuela</ref>
|
|
|-
|{{Flag|Middle East}}
|
|
|
* [[United Nations Relief and Works Agency for Palestine Refugees|UN Relief and Works Agency for Palestine Refugees]]
* [[Association Najdeh]]
|
|-
|{{Flag|New Zealand}}
|[[Refugees in New Zealand]]
|
|[[Refugee Status Appeals Authority]]
|
|-
|{{Flag|Norway}}
|[[Refugees in Norway]]
|
|[[Norwegian Refugee Council]]
|[[Rafał Gaweł]]
|-
|{{Flag|Russia}}<small>(incl. {{Flag|Soviet Union}})</small>
|[[Refugees and asylum in Russia]]
|
|
|[[Edward Lee Howard]]
|-
|{{Flag|South Korea}}
|[[Refugees in South Korea]]
|
|
|[[Refugees on Jeju Island]]
|-
|{{Flag|Switzerland}}
|
|
|
* [[Be aware and share]]
* [[UniRef]]
|
|-
|{{Flag|UK}}
|[[Asylum in the UK]]
|
* [[Polish Resettlement Act 1947|''Polish Resettlement Act'', 1947]]
* [[Nationality, Immigration and Asylum Act 2002|''Nationality, Immigration and Asylum Act'', 2002]]
* [[Asylum and Immigration (Treatment of Claimants, etc.) Act 2004|''Asylum and Immigration (Treatment of Claimants, etc.) Act'', 2004]]
*[[UK Borders Act 2007|''UK Borders Act'', 2007]]
|
* [[Asylum and Immigration Tribunal]]
* [[Asylum Support Partnership]]
* [[Refugee Council]]
* [[Scottish Refugee Council]]
* [[Unity (asylum seekers organisation)|Unity]]
* [[Welsh Refugee Council]]
|[[Jews escaping from German-occupied Europe to the United Kingdom|Jews escaping to the United Kingdom]]
|-
|{{Flag|UN}}<small>(incl. {{Flag|League of Nations}})</small>
|
|
* [[Convention Relating to the Status of Refugees|''Convention Relating to the Status of Refugees'', 1951]]
* [[Protocol Relating to the Status of Refugees|''Protocol Relating to the Status of Refugees'', 1967]]
|Organizations:

* [[United Nations High Commissioner for Refugees|UN High Commissioner for Refugees]] (UNHCR)
**[[International Refugee Organization]]
**[[UNHCR Goodwill Ambassador]]
* [[International Organization for Migration]]
* [[United Nations Office for the Coordination of Humanitarian Affairs|UN Office for the Coordination of Humanitarian Affairs]]
*[[Nansen International Office for Refugees]]

Documentation:

* [[Humanitarian visa]]
* [[Refugee identity certificate]]
* [[Refugee travel document]]

Campaigns/initiatives:

* [[World Refugee Day]]
* [[Nansen Refugee Award]]
|
|-
|{{Flag|US}}
|[[Asylum in the United States]]
|
* [[Immigration and Nationality Act of 1952|''Immigration and Nationality Act'', 1952]]
* [[Migration and Refugee Assistance Act|''Migration and Refugee Assistance Act'', 1962]]
* [[Immigration and Nationality Act of 1965|''Immigration and Nationality Act'', 1965]]
* [[United States Refugee Act of 1980|''United States Refugee Act'', 1980]]
* [[Immigration Act of 1990|''Immigration Act'', 1990]]
*[[Canada–United States Safe Third Country Agreement]]
|
* [[Immigration and Naturalization Service]]
* [[United States Citizenship and Immigration Services|U.S. Citizenship and Immigration Services]] (USCIS)
|[[Operation Provide Comfort]]
|}

==See also==
* [[Church asylum]]
* [[Dispersal Act]], Netherlands asylum legislation
* [[Impediment to expulsion]]
* [[Internally displaced person]]
* [[Forced displacement in popular culture]]
* [[Integration of immigrants]]
* [[Refugee employment]]
* [[Refugee identity certificate]]
* [[Refugee roulette]]
* [[Sanctuary city]]
* [[Statelessness]]
* [[Transgender asylum seekers]]

=== Related organizations ===
* Organization for Refugees Asylum and Migration<ref name=":0">[https://oramrefugee.org/ Home page], ORAM. Retrieved 2020 December 4.</ref>
* [[Amnesty International]]
* [[International Committee of the Red Cross]]
* [[International Cities of Refuge Network]]
* [[United Nations High Commissioner for Refugees]]

==References==
{{Reflist}}

===Notes===
{{Reflist|35-em|group=lower-roman}}

== Further reading ==
* Hatton, Timothy J. 2020. "[https://www.aeaweb.org/articles?id=10.1257/jep.34.1.75 Asylum Migration to the Developed World: Persecution, Incentives, and Policy.] " ''Journal of Economic Perspectives'' 34(1):75-93.

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[[Category:International law]]
[[Category:Human rights]]
[[Category:Refugees]]
[[Category:Forced migration]]