Asylum shopping is a term for the practice by some
asylum seekers
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. A pers ...
of applying for
asylum in several states or seeking to apply in a particular state after traveling through other states. It is used mostly in the context of the
European Union
The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...
and the
Schengen Area
The Schengen Area ( , ) encompasses European countries that have officially abolished border controls at their common borders. As an element within the wider area of freedom, security and justice (AFSJ) policy of the European Union (EU), it ...
, but has also been used by the
Federal Court of Canada
The Federal Court of Canada, which succeeded the Exchequer Court of Canada in 1971, was a national court of Canada that had limited jurisdiction to hear certain types of disputes arising under the Parliament of Canada, federal government's Canadi ...
.
Refugees and asylum-seekers are protected by international convention under the principle of
non-refoulement
Non-refoulement () is a fundamental principle of international law anchored in the Convention Relating to the Status of Refugees that forbids a country from deporting (" refoulement") any person to any country in which their "life or freedom woul ...
, which establishes that a country cannot force someone seeking refuge to return to a country of origin if the person is likely to be persecuted there. The
Dublin Convention covering the
European Union
The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...
stipulates that asylum seekers are returned to the country where their entry into the union was first recorded, and where they were first fingerprinted. Another objective of this policy is to prevent ''asylum seekers in orbit'', i.e., to prevent the continual transfer of asylum seekers between countries trying to get others to accept them. One of the objectives of the
Police and Judicial Co-operation in Criminal Matters
The area of freedom, security and justice (AFSJ) of the European Union (EU) is a policy domain concerning home affairs and migration, justice as well as fundamental rights, developed to address the challenges posed to internal security by coll ...
is to prevent so-called "asylum shopping."
European law
European Union law is a system of Supranational union, supranational Law, laws operating within the 27 member states of the European Union (EU). It has grown over time since the 1952 founding of the European Coal and Steel Community, to promote ...
, the
Dublin Regulation, does not require that asylum seekers have their asylum claim registered in the first country they arrive in, but that the decision of the first EU country they apply in is the final decision in all EU countries. However, among some asylum seekers, fingerprinting and registration is vehemently resisted in countries that are not asylum-seeker friendly. For example, some people seek to apply for
asylum in Germany and Sweden where a more serious approach to welfare and integration support is taken, and fundamental rights are more likely to be met.
Some asylum seekers reportedly burned their fingers to avoid fingerprint record control in Italy so that they could apply for asylum in a different country.
The fingerprint record, known as the
Eurodac system, is used to intercept multiple or false asylum claims. In Ireland, two-thirds of asylum seekers whose applications failed were found to be already known to the British border authorities, a third of the time under a different nationality, such as Tanzanians claiming to be fleeing persecution in Somalia.
See also
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Asylum seeker
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. A per ...
*
Chain migration
Chain migration is the social process by which immigrants from a particular area follow others from that area to a particular destination. The destination may be in another country or in a new location within the same country.
John S. MacDon ...
*
Economic results of migration
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Forum shopping
Forum shopping is a Colloquialism, colloquial term for the practice of litigants taking actions to have their legal case heard in the court they believe is most likely to provide a favorable judgment. Some jurisdiction (area), jurisdictions hav ...
*
Gaming the system
The letter of the law and the spirit of the law are two possible ways to regard rules or laws. To obey the "letter of the law" is to follow the literal reading of the words of the law, whereas following the "spirit of the law" is to follow t ...
*
Illegal immigration
Illegal immigration is the migration of people into a country in violation of that country's immigration laws, or the continuous residence in a country without the legal right to do so. Illegal immigration tends to be financially upward, wi ...
*
Non-refoulement
Non-refoulement () is a fundamental principle of international law anchored in the Convention Relating to the Status of Refugees that forbids a country from deporting (" refoulement") any person to any country in which their "life or freedom woul ...
*
Roxham Road
References
{{DEFAULTSORT:Asylum Shopping
Refugees
Right of asylum
Immigration to the United Kingdom
Refugees in Europe
Refugees in the United Kingdom
Political pejoratives
fr:Droit d'asile dans l'Union européenne#Asylum shopping
it:Diritto d'asilo nell'Unione europea#Asylum shopping