Edited by Satvinder Singh Juss
Chapter 14: The prosecution of asylum seekers
This chapter looks at the much neglected provision of Article 31(1) of the Refugee Convention which prohibits the penalisation of refugees ‘coming directly from a territory where their life or freedom was threatened in the sense of Article 1’ for offences of illegal entry and presence as long as they ‘present themselves without delay to the authorities’ and ‘show good cause’ for the illegal entry or presence. Despite this, the penalisation of asylum seekers does occur in the form of fines and imprisonment and summary deportation; it also includes the delaying, obstructing or denying of access to asylum. Refugees without proper documentation may also be channelled into ‘an inferior refugee procedure’. The chapter argues that properly understood Article 31(1) exempts all asylum seekers from penalisation except those who have found permanent protection from persecution and therefore have no need to resort to irregular methods of travel.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.