Residential College | false |
Status | 已發表Published |
Asylum Delayed is Asylum Denied: Right to Remedies Against Inefficient Asylum Application Processing and Other Inhuman and Degrading Treatment of Asylum Seekers | |
Ramaswamy, M.P. | |
2023-05-18 | |
Size of Audience | 100 |
Type of Speaker | Paper Presenter at the12th edition of the International Conference “The Efficiency of Legal Norms” – Migration and Human Rights |
Abstract | The right to seek asylum, despite being widely recognized as a fundamental human right in various international, regional and national human rights regimes cannot be effectively secured unless the inefficiencies in asylum processing are sufficiently reprimanded. The proposed paper would argue that the essence of the right to seek asylum is often diluted by the failure to promote efficient processing of asylum applications in national jurisdictions and to provide sufficient safeguards to prevent inhuman and degrading treatment to asylum seekers during the pendency of their applications. The paper would articulate an indispensable need to recognize or reinforce the right to remedies against inefficient asylum processing and other treatment standards faced by asylum seekers. The right to recourse to judicial review of asylum related administrative action as well as other forms of redressal mechanism would be categorically argued as a condicio sine qua non for securing the very right to seek asylum. The first part of the proposed paper will investigate various inefficiencies that typically arise in asylum processing including apparent delays in making preliminary decision to subsequent delays in ultimate determination. The paper will also enquire the consequential inhuman and degrading treatment that could be potentially meted out to the asylum seekers, while awaiting decisions. The second part of the paper will focus on a specific jurisdiction like the United Kingdom, where the Refugee Council 2021 report pertaining to the decade of delays in the UK asylum system have found inordinate delays at various stages of asylum processing and examine how such delays have impacted the right to seek asylum. The paper will then examine the parliamentary response measures resulting from the findings of the report as well as various other legal recommendations for achieving efficiencies. The final part will conduct a comparative legal analysis with some other jurisdictions including the remedial measures for asylum seekers introduced by the European Parliament. The paper will conclude with relevant recommendations. |
Keyword | Right To Asylum Asylum Processing Efficiency Treatment Of Asylum Seekers International Law Judicial Review And Redressal Uk And Eu |
Conference Date | 18-20 May 2023 |
Conference Place | Cluj-Napoca |
Language | 英語English |
Document Type | Presentation |
Collection | Faculty of Law DEPARTMENT OF GLOBAL LEGAL STUDIES |
Affiliation | Faculty of Law, University of Macau |
First Author Affilication | Faculty of Law |
Recommended Citation GB/T 7714 | Ramaswamy, M.P.. Asylum Delayed is Asylum Denied: Right to Remedies Against Inefficient Asylum Application Processing and Other Inhuman and Degrading Treatment of Asylum Seekers, 18-20 May 2023. |
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