Book contents
- Frontmatter
- Contents
- Contributors
- Foreword
- Preface
- Introduction: Refugees and Asylum Seekers in the International Context – Rights and Realities
- 1 The Rule of Law and the Role of Law: Refugees and Asylum Seekers
- 2 Asylum and the Rule of Law in Canada: Hearing the Other (Side)
- 3 Refugees, Asylum and the Rule of Law in the USA
- 4 The Australian Story: Asylum Seekers outside the Law
- 5 The Intersection between the International, the Regional and the Domestic: Seeking Asylum in the UK
- 6 Conclusions on the Rule of Law
- Appendix
- Bibliography
- Index
5 - The Intersection between the International, the Regional and the Domestic: Seeking Asylum in the UK
Published online by Cambridge University Press: 10 December 2009
- Frontmatter
- Contents
- Contributors
- Foreword
- Preface
- Introduction: Refugees and Asylum Seekers in the International Context – Rights and Realities
- 1 The Rule of Law and the Role of Law: Refugees and Asylum Seekers
- 2 Asylum and the Rule of Law in Canada: Hearing the Other (Side)
- 3 Refugees, Asylum and the Rule of Law in the USA
- 4 The Australian Story: Asylum Seekers outside the Law
- 5 The Intersection between the International, the Regional and the Domestic: Seeking Asylum in the UK
- 6 Conclusions on the Rule of Law
- Appendix
- Bibliography
- Index
Summary
The UK is a state with strong historical and legal links to the other countries discussed in this book. It has traditionally influenced (and sometimes been influenced by) its common law counterparts and has been particularly prominent historically in developing the concept of law and the rule of law. Against this background, the UK has been struggling, particularly in the last two decades, to adopt asylum law and policies which respect the rule of law, while also conforming to its national interests. Certain aspects of UK asylum law have been quite progressive, such as the interpretation by UK courts of key aspects of the refugee definition. However, in recent years (in line with many other asylum host states), it has sought to restrict the number of asylum seekers entering the country by means of various border control and other deterrent measures. As part of this policy, the UK has introduced restrictive legal terms such as ‘safe country of origin’ and ‘safe third country’, accelerated procedures involving limited appeal avenues, and has increasingly pushed for expedited removals of ‘failed’ asylum seekers. In recent years it has also expressed particular concern over the handling of asylum in the context of national security.
Although there are similarities between the restrictive responses of the UK and that of other common law countries discussed in this book, there are a number of important differences.
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- Refugees, Asylum Seekers and the Rule of LawComparative Perspectives, pp. 228 - 280Publisher: Cambridge University PressPrint publication year: 2009
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