Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-g7gxr Total loading time: 0 Render date: 2024-11-09T07:11:51.074Z Has data issue: false hasContentIssue false

Chapter 2 - The State’s Right to Exclude Asylum-Seekers and (Some) Refugees

Published online by Cambridge University Press:  01 November 2019

David Miller
Affiliation:
University of Oxford
Christine Straehle
Affiliation:
Universität Hamburg
Get access

Summary

The plight of those seeking refuge calls for action. The question this chapter considers is how far, if at all, that action should take the form of disabling states from excluding asylum-seekers or refugees. The argument of the chapter is that while states have wide-ranging responsibilities to vulnerable non-citizens, these responsibilities do not extinguish the state’s right to prevent asylum-seekers from entering its territory or to expel (some) refugees who have entered. This freedom is carefully preserved in the Refugee Convention 1951 and is important if states are to safeguard the common good which is their paramount responsibility and to decide prudently how best to discharge their responsibilities. The chapter begins by considering the distinction between citizens and non-citizens and defending the general liability of the latter to exclusion. Refugees are a special subset of non-citizens whom the Convention protects in various ways. The chapter traces these modes of protection and argues that they rightly do not eliminate the state’s freedom to deny entry to asylum-seekers or to expel some refugees. Undermining this freedom encourages refugees to become economic migrants and economic migrants to misrepresent themselves as asylum-seekers. The state’s responsibility to vulnerable non-citizens will often best be discharged by supporting other states adjacent to the country of origin. The chapter concludes by considering the significance of the atrophy of the right to exclude in the context of the European migration crisis.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×