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Sunday, November 28, 2021

Just to clarify about seeking asylum

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Every time you say something like “asylum seekers should look in their first safe country”, they refer you to this. Complete fact piece. Which is a masterpiece if not entirely clear. You need to read between the lines more than a little to make out the real story here.

Do refugees have to stay in the first safe country they arrive in?

The answer to that is, of course, No. Anyone can, of course, go to any country that has them.

The trick that is performed here is in this sentence:

Incorrect. The United Nations Refugee Convention does not impose this requirement on refugees, and UK jurisprudence supports this interpretation. Refugees can legitimately submit an application for asylum in the UK after passing through other ‘safe’ countries.

Sure, anyone can make a claim anywhere.

But there is a big difference between who * must * grant a claim and who * can * grant a claim if they choose.

The asylum seeker, the refugee, is a right in international law. Rights are things that must be granted. They are not privileges that may or may not be, they are rights that are simply owed as a human being in this specific situation.

If you are at risk in your own country, you have the right to seek a safe haven.

Cold.

However, that * right * extends only to the first safe haven you arrive at. It is not the one next door, it is the first one at your fingertips. That first safe haven * must * grant you that asylum, that safe haven. That’s right.

Now, other places may be willing to provide you with a safe haven. But it is not necessary. Those after their first secure fit might well do it, and just to be clear, I have no problem with the UK doing it for all kinds of people in bulk as well, but that’s a privilege at their discretion, not a right. to be. He had a right to, umm, under international law.

This is why people are denied asylum in the UK, as they are seen to have that right elsewhere, perhaps in the previous place they were before in the UK.

That is why I say that asylum seekers * should * (note that they do not have to) claim at that first safe haven. Because that is where that asylum is a right to which they have an absolute claim under international law. Claiming elsewhere is a privilege that may or may not be granted.

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